The consent of the prosecutrix in a long-term relationship negated the accused's liability under the SC/ST Atrocities Act.

Per Sanjay S. Agrawal, J SATISH TUMANE

12/08/2025

1) This appeal has been preferred by the prosecutrix under Section 14-

A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Digitally signed by SATISH TUMANE Atrocities) Act, 1989, questioning the legality and propriety of the Date:

2025.08.13

11:42:21 +0530 judgment dated 04.04.2025 passed by the Special Judge, under S.C. & S.T. (Prevention of Atrocities) Act, Raipur, District Raipur (C.G.) in Special Sessions Trial No.47/2024, whereby, the Respondent No.1 has been acquitted with regard to the offence punishable under Sections 376(2)(n), 506 Part-II and 323 of IPC, read with Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Act, 1989”).

2) According to the prosecution, a written report (Ex.P-4) was lodged by the prosecutrix, aged about 34 years, on 01.09.2024 before the Police Station Khamtarai, District Raipur, alleging inter alia, that after the death of her husband, who died on 01.06.2014, she came in contact with the Respondent No.1-Mustafa Raza Khan and while alluring her on the pretext of marriage, he has committed sexual intercourse with her on 17.12.2014 and has continuously made the alleged relations up to 22.06.2024. Based upon the alleged allegation, the Respondent No.1-Mustafa Raza Khan has been charge-sheeted for the commission of offence punishable under Sections 376(2)(n), 506 Part-II and 323 of IPC, read with Section

3(2)(V) of the Act, 1989.

3) In order to establish the alleged allegations, the prosecutrix was examined as PW-2 and, it appears from her testimony that after the sad demise of her husband in the year 2014, she came in contact with the Respondent No.1-Mustafa Raza Khan, who on the pretext of marriage, has committed sexual intercourse with her on 17.12.2014 and thereafter, he has made the alleged physical relations with her continuously up to 22.06.2024 and when quarrel took place between them on 31.08.2024, then only, after getting annoyed, she has lodged the alleged written report (Ex.P-4) on 01.09.2024. It, however, reveals from paragraph-9 of her testimony that the alleged relation was made on her own consent and, the said respondent has never made the alleged physical relations contrary to her wish. The prosecutrix was, thus, appears to be a consenting party with regard to the alleged physical relation, which was made by the Respondent No.1 continuously for a period of more than 10 years and, the trial Court, after taking note of these materials has, therefore, not committed any illegality in acquitting the Respondent No.1-Mustafa Raza Khan from the commission of the alleged crime.

4) In view of above, the appeal being devoid of merit, is dismissed at the admission stage itself.