HC DB: Western Ideas pushing Youth into Live-in, fallout leads to Rape FIRs, Read Judgment

Recently, in a sharp examination of criminal convictions arising from failed live-in relationships, the Allahabad High Court stepped in to scrutinise whether consensual adult relationships are being retrofitted into serious criminal charges when they collapse. The Court was dealing with a life sentence imposed by a POCSO court in Maharajganj, raising larger questions about age determination, consent, and the mechanical application of penal laws to relationships that later turn bitter.

The controversy began when Chandresh, convicted in 2024 for kidnapping, rape, aggravated sexual assault under the POCSO Act, and offences under the SC/ST Act, challenged the trial court’s verdict. The prosecution's story rested on the claim that he had enticed away the informant’s minor daughter on the promise of marriage and subjected her to sexual exploitation. The Counsel for the appellant, however, argued that the relationship was consensual, that the woman was a major, and that the criminal case was born only after the relationship fell apart.

The Division Bench of Justice Siddharth and Justice Prashant Mishra-I found the trial court’s approach legally unsustainable. The Bench relied heavily on the ossification test, which placed the woman’s age at around 20 years, and noted glaring inconsistencies in school records and witness statements.

The Court observed that “This case is an example of increasing tendency of the youth living together without solemnization of marriage under the influence of western ideas… After such relationships fail, F.I.R. is lodged.”

Holding that a consensual relationship between adults cannot attract kidnapping, rape, POCSO, or enhanced SC/ST penalties, the Court concluded that the convictions were unwarranted. Consequently, the criminal appeal was allowed, the life sentence set aside, and the appellant was directed to be released.

Case Title: Chandresh v. State of Uttar Pradesh & Ors.

Case No.: Criminal Appeal No. 3529 of 2024

Coram: Hon'ble Justice Siddharth and Hon'ble Justice Prashant Mishra-I

Advocate for the Petitioner: Adv. Dinesh Kumar Pandey, Adv. Manu Sharma, Adv. Randhir Jain, Adv. Sandeep Kumar Keshari

Advocate for the Respondent: G.A. Ashish Pandey, 

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