Argus News - Not Rape, Says Court! The Case That Redefines Consent and Live-In Relationships

Cuttack, Jan 15: In a significant judgment, the Orissa High Court has clarified its stance on allegations of sexual assault within the context of prolonged live-in relationships.

Justice Radha Krishna Pattanaik ruled that if two individuals have maintained a physical relationship for an extended period, it cannot be automatically categorized as “forced” or treated as rape.

The ruling came in response to a case involving Mahendra Pradhan, who had been convicted by a lower court on charges of rape and sentenced to seven years in prison.

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The case dates back to 2006, when a woman from Tarbha police station area in Sonepur district lodged a complaint alleging that Pradhan had initially assaulted her at knifepoint and later continued a physical relationship under the promise of marriage.

The woman claimed she became pregnant during this period and was given medication by Pradhan to terminate the pregnancy, which led to serious health complications.

The trial court had found Pradhan guilty of rape and sentenced him to seven years of imprisonment. However, Pradhan challenged the verdict in the High Court.

Upon review, the High Court observed that the complainant had been in a consensual relationship with the accused for over two years and had not reported the matter to anyone during that time. School records also confirmed that she was around 19 years old at the time of the incident, ruling out the possibility of her being a minor.

While the court acknowledged medical evidence confirming the abortion and Pradhan’s role in administering medication, it held that the prolonged relationship could not be classified as rape. Consequently, the rape charges were dismissed, and Pradhan was acquitted of that specific offense.

For other proven offenses, the court directed that the time he had already spent in jail would be considered as his sentence, effectively closing the case.