High Court affirms acquittal, reaffirming that lack of force, voluntary conduct, delayed complaint, and absence of corroboration render rape and extortion charges unsustainable
Summary
| Category | Data |
|---|---|
| Case Name | ACQA No. 17 of 2024 of XYZ Vs SAURABH PARCHE |
| CNR | CGHC010003292024 |
| Decision Date | 02-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | Hon’ble Shri Justice Sanjay S. Agrawal |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Division Bench of Justices Sanjay S. Agrawal and Radhakishan Agrawal |
| Precedent Value | Affirms existing precedent |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Law |
| Questions of Law | Whether voluntary sexual relations, long delay in reporting, and absence of corroboration can justify acquittal under Sections 376 and 383 IPC. |
| Ratio Decidendi |
The court held that where the prosecutrix admits the relationship was consensual over a two-year period, there is no evidence of force; a delayed complaint without disclosure during the relationship weakens credibility; and alleged extortion is unsupported by independent testimony. In such circumstances, the trial court rightly exercised its judgment to acquit. |
| Logic / Jurisprudence / Authorities Relied | The court applied the standard of proof in criminal cases, emphasizing that uncorroborated allegations of coercion or extortion fail when the victim’s own testimony negates force and delay undermines trust. |
| Facts as Summarised by the Court | The prosecutrix alleged sexual intercourse under pretext of marriage from 31/01/2017 to 20/11/2018 and threatened exposure of photos to extort money; her testimony admitted voluntary relations, long delay, and lacked corroboration. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within the jurisdiction of this High Court |
What’s New / What Lawyers Should Note
- Voluntary admission of intimacy over an extended period can decisively undermine charges of rape under Section 376 IPC.
- Significant delay in lodging the complaint without explanation weakens the prosecution’s case.
- Allegations of extortion under Section 383 IPC require independent corroboration; absence thereof may lead to acquittal.
- Trial courts and High Courts will scrutinize the victim’s own admissions on consent and disclosure when assessing coercion.
Summary of Legal Reasoning
- The prosecutrix (PW-1) admitted she “wandered” with the accused by her own choice and there was no forceful intercourse.
- Despite two years of relations, no complaint was lodged during that period nor disclosed to anyone, undermining credibility.
- Extortion allegations based on threats to upload photographs were not supported by any independent witness or material.
- The trial court evaluated these factors—lack of force, delayed disclosure, and absence of corroboration—and acquitted the accused under Sections 376 and 383 IPC.
- The High Court found no error or misapplication of legal principles in the trial court’s judgment and dismissed the appeal.
Arguments by the Parties
Petitioner (Prosecutrix):
- The accused, under the pretext of marriage, had sexual intercourse from January 2017 to November 2018.
- He threatened to upload her private photographs on WhatsApp, Facebook, and Instagram and extorted money.
- The trial court erred in acquitting despite her allegations of threats and deception.
Respondent No.1 (Accused):
- Denied any use of force; the relationship was consensual.
- No extortion occurred as there was no independent evidence supporting the threat or demand.
Factual Background
The prosecutrix filed an appeal under Section 372 CrPC against her acquittal in Sessions Trial No. 122/2019. She alleged that the accused misled her into a relationship from 31/01/2017 to 20/11/2018 with promises of marriage, subsequently threatened to expose her photos on social media to extort money. The trial court, noting her admissions of voluntary relations, unexplained delay in complaint, and lack of corroboration, acquitted the accused under Sections 376 and 383 IPC. The High Court upheld that decision on appeal.
Statutory Analysis
- Section 376 IPC: Requires proof of sexual intercourse by force or against consent; here, voluntary conduct negated non-consent.
- Section 383 IPC: Defines extortion as committing theft by threat; absence of corroborative evidence doomed the extortion charge.
- Section 372 CrPC: Allows a complainant to appeal against acquittal; the court examined the appeal but found no merit.
Alert Indicators
- ✔ Precedent Followed