‘Long-Standing Consensual Relationship’: Allahabad HC Discharges Rakesh Rathore In Rape Case

‘Long-Standing Consensual Relationship’: Allahabad HC Discharges Rakesh Rathore In Rape Case

The Lucknow bench of the Allahabad High Court has discharged Congress MP Rakesh Rathore in a rape case registered in Sitapur, observing that the prosecution material indicated a long-standing consensual relationship between Rathore and the complainant.

Justice Subhash Vidyarthi, in an order passed on Friday, said the allegation that Rathore had established a physical relationship with the complainant on the promise of marriage did not, prima facie, create a strong suspicion that he had committed the alleged offence.

According to the court, the complainant had stated that she met Rathore during public meetings, following which he offered her political support and an alliance. She accepted the offer and was later appointed district women president of the Tailik Mahasangh. The court noted that their proximity increased thereafter.

The High Court also referred to the statement of the complainant's husband, who said Rathore would frequently call her to his residence, where she would sometimes stay until late at night.

"On the basis of the aforesaid circumstances, the prosecution material indicates a long-standing consensual extramarital relationship between two married and mature adults," the court observed.

The court said this version was inconsistent with the allegation that the physical relationship had been established on a promise of marriage.

It also considered statements given by the complainant's husband, her married son and daughter-in-law, who had supported her allegations against Rathore.

The High Court observed that the prosecution material presented a version of events which, in its view, could not be believed by a person of ordinary prudence and therefore did not raise a strong suspicion against Rathore.

"Continuing criminal proceedings on the basis of such contradictory and unfounded allegations would amount to an abuse of the process of law and result in a failure of justice," the court said.

The complainant had lodged an FIR at Kotwali police station in Sitapur in January 2025, alleging that Rathore had raped her in 2020. She further alleged that he subsequently established a relationship with her after assuring her that he would divorce his wife and marry her.

A case was registered against Rathore under various provisions of the Indian Penal Code.

Rathore had approached the High Court after the trial court rejected his discharge application and framed charges against him. The High Court set aside the trial court's May 5, 2025 order and allowed his discharge application.

The court further held that the framing of charges did not take away its revisional jurisdiction to examine the legality of the discharge proceedings.

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