Telangana high court acquits rape convict, rules relationship was consensual

Hyderabad: The Telangana high court on Thursday overturned the conviction of a man accused of rape and ruled that his relationship with the victim was consensual and resulted in marriage.

Justice Juvvadi Sreedevi delivered the verdict and stated that the prosecution failed to prove the charges under the Indian Penal Code (IPC).

Case background

The case dates back to a complaint filed by a Khammam resident against Sode Vishnu Narayana Shivaiah. In the complaint, it was alleged that the man committed sexual assault and made a false promise of marriage.

The victim claimed that while they married in 2009, the petitioner later abandoned her.

Initially, the trial court acquitted Shivaiah of cheating charges but convicted him for rape under Section 376 of the IPC. When he appealed, the Appellate Court upheld the conviction in 2019.

Telangana high court’s decision

During the hearing, the petitioner’s counsel presented wedding photographs and other evidence and argued that the relationship was consensual and culminated in marriage.

Relying on Supreme Court precedents, Justice Sreedevi ruled that a consensual relationship cannot later be classified as rape. The court said that the prosecution failed to establish the offence beyond reasonable doubt.