REDACTED vs SIDDHARTH SARANGI
- Court
- Chhattisgarh High Court
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2026:CGHC:26186-DB
NAFR
Reserved on : 17.06.2026
Delivered on : 29.06.2026
HIGH COURT OF CHHATTISGARH AT BILASPUR
ACQA No. 380 of 2025
1 - Xyz (Details Not Disclosed, However Details Of The Appellant Are
Mentioned In A Closed Envelope Enclosed With This Appeal)
... Appellant(s)
versus
1 - Siddharth Sarangi S/o Shrinivas Sarangi Aged About 32 Years R/o
House No. 25, Golden Homes, V.I.P. State Khamhardih, Police Station
Khamhardih, District Raipur, Chhattisgarh.
2 - State Of Chhattisgarh Through Police Station Khamhardih, District
Raipur, Chhattisgarh.
... Respondent(s)
For Appellant: Mrs. Shriya Jaiswal (Marhas), Advocate
For R/1 : Mr. B.P. Sharma with Mr. Sanjeev Pandey, Advocates
For State : Mr. Sanjeev Pandey, Dy. Advocate General
Hon'ble Shri Sanjay S. Agrawal, Judge and
Hon'ble Shri Justice Narendra Kumar Vyas, Judge
C.A.V. JUDGMENT
Per Narendra Kumar Vyas,J.
1. Heard on admission.
2. The acquittal appeal has been filed by the appellant/victim
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against the judgment dated 24.06.2025 passed by learned
Additional Sessions Judge, (F.T.C.), Raipur District – Raipur
(C.G.), in Sessions Trial No. 61/2023, whereby the
respondent/accused has been acquitted of the charges
punishable under Section 376(2)(k)(n) and Section 377 of the
IPC.
3. A perusal of the record would show that, the victim who is aged
about 40 years, working as Project Manager with Municipal
Corporation Bhilai, filed two written complaints dated 20.12.2022
(Ex.P/1 and Ex.P/2) before the Outpost Khamhardih, Raipur
mainly alleging that :-
A. After securing admission in April, 2019 to pursue the MBA
programme at the Indian Institute of Management (IIM), New
Raipur, Chhattisgarh, the victim became acquainted with the
accused, Siddharth Sarangi. Initially, they interacted and
discussed academic subjects and course-related matters.
Thereafter, on 05.07.2019, the accused invited her to his
residence on the pretext of studying together with other
classmates. However, upon reaching the house, she found that
no other students were present. It is alleged that the accused
started flirting and teasing her, and thereafter, expressed his
desire to establish a physical relationship with her. When she
objected, the accused assured her that he intended to marry her.
Relying upon the said assurance and promise of marriage, she
entered into a physical relationship with him.
B. It is further alleged that whenever the victim asked the
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accused about marriage, he used to avoid it. After completion of
their examinations on 29.08.2021, the accused informed her
over the telephone that his parents were not agreeing for their
marriage. Thereafter, despite repeated attempts made by the
victim through telephone calls and WhatsApp messages, the
accused largely avoided communications. Subsequently, he
informed her that although his mother opposed to the marriage
on account of her age, her status as a divorcee, and her
Christian faith, he would try to convince his family. It is also the
case of the victim that on 22.11.2021 the accused got her
medically examined and, on the advice of the doctor, arranged
for certain blood tests. Thereafter, the accused informed her that
her blood test reports were not satisfactory and, for that reason,
he could not marry her. He further refused to meet her and
informed her that his parents were advising him to consider
another girl for marriage.
C. Thereafter, on 28.11.2021, when the victim visited the
residence of the accused and requested him to marry her, the
accused, taking advantage of her vulnerable situation, subjected
her to unnatural sexual intercourse against her wishes. It is also
the case of the victim that on the following day, i.e., 29.11.2021,
the accused visited her residence, stayed there for some time,
and once again assured her that he would marry her. Thereafter,
the parties continued to communicate through mobile phone
calls and WhatsApp messages. Subsequently, the accused
stopped communicating with the victim and blocked her mobile
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number. Left with no alternative, she approached the Women's
Commission by lodging a complaint. During the proceedings
before the Commission, a settlement was proposed involving
certain monetary consideration. However, the victim did not find
the proposed settlement acceptable and, accordingly, returned
the cheque before the Commission on 07.07.2022.
D. On the basis of the written complaints filed by the victim
(Ex.P/01 and Ex.P/02) a First Information Report (Ex.P/3)
bearing Crime No. 380/2022 was registered on 20.12.2022
against the accused at Police Outpost Khamhardih, Raipur,
under Sections 376, 376(2)(n) and 377 of the Indian Penal Code.
The prosecution after usual investigation submitted the charge-
sheet before the Court of Judicial Magistrate First Class, Raipur
District (Chhattisgarh). After committal, vide order dated
21.02.2023, the case was transferred to the Additional Sessions
Judge (FTC), Raipur for trial.
4. On the basis of evidence and material on record, the learned
trial Court acquitted the accused and recorded its finding that
the prosecution has failed to prove, by reliable and cogent
evidence, the charges against the accused. The prosecution
has failed to establish that, during the period from 01.07.2019 to
28.11.2021 the accused committed rape upon the victim on
multiple occasions by inducing her with a promise of marriage
while being in a position of control or influence her, without her
free consent. Further, it has also not been proved that on
28.11.2021 the accused voluntarily engaged in carnal
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intercourse with the victim against the order of nature and
acquitted the accused of the charges levelled against him.
Being aggrieved with this order, the victim has filed this acquittal
appeal.
5. Learned counsel for the appellant would submit that the learned
trial court has failed to appreciate the evidence available on
record and wrongly acquitted the accused. The prosecution has
successfully proved all the essential ingredients of the offence
charged against the accused that he had made physical relation
with her on multiple occasions on the pretext of marriage and
later he refused to marry. The order of acquittal, therefore,
suffers from serious legal and factual infirmities. She would,
therefore, pray that the appeal may be admitted for hearing.
6. On the other hand, learned counsel for respondent No. 1 has
opposed the appeal and supported the judgment of acquittal
passed by the learned trial Court. He would submit that the
victim is a highly qualified lady. She and the accused were in
relationship for more than three years, about which, she had
never disclosed it to anyone. The family members of the victim
only came to know about the relationship after lodging of the
FIR, which clearly indicates that she was a consenting party. He
would further submit that an order of acquittal passed by the
learned trial Court strengthens the presumption of innocence in
favour of the accused and unless the findings of the trial Court
are shown to be perverse, illegal or wholly unreasonable, the
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appellate Court should not interfere with the acquittal.
Therefore, he would pray that the appeal being devoid of merit
be dismissed and the judgment of acquittal passed by the
learned trial Court be affirmed. To substantiate his submission
he would refer to the judgment of the Hon’ble Supreme Court in
case of Ballu @ Balram @ Balmukund and Another vs.
State of Madhya Pradesh {(2024) 12 SCC 202}, Ravish
Singh Rana vs. State of Uttarakhand and Another {2025
SCC OnLine SC 1055}, Rajnish Singh @ Soni vs. State of
Uttar Pradesh And Another {(2025) 4 SCC 197} and
Biswajyoti Chatterjee vs. State of West Bengal and Another
{(2025) 5 SCC 749}.
7. Learned counsel for the respondent State has supported the
submissions advanced on behalf of the appellant and
contended that the impugned judgment of acquittal passed by
the learned trial Court is contrary to the facts and evidence
available on record. Therefore, he would pray that the appeal
be admitted for hearing.
8. We have heard learned counsel for the parties and perused the
record.
9. From the appreciation of the evidence adduced by the
prosecution, particularly that of the victim (PW/1), it emerges
that the alleged act of sexual intercourse took place for the first
time on 05.07.2019. It is further evident from her own testimony
that the accused had refused to marry her on 31.08.2021,
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whereas the First Information Report has been lodged on
20.12.2022, i.e., after more than three years from the
commencement of the relationship. The victim, in her cross-
examination, has admitted that she was willing to settle the
dispute before the Women's Commission upon payment of a
sum of Rs. 30,00,000/- but the accused had handed over a
cheque of Rs. 15,00,000/- on 15.06.2022 with an assurance
that the balance amount would be paid in cash upon execution
of an agreement whereas the agreement was to be executed
immediately upon receipt of the agreed amount. Since, she did
not execute the agreement, payment under the cheque was
stopped. Thereafter, she deposited the cheque to the Women's
Commission vide Ex. D/1 dated 07.07.2022. In paragraph 17 of
her cross-examination, she has admitted that she was residing
with the accused in a live-in relationship for about two years.
She has also admitted that it was mutually agreed between
them that their marriage would be solemnized only with the
consent of both families.
10. Anand Robert (PW/2) brother of the victim has admitted in his
evidence that the victim has informed him that physical
relationship was developed between her and the accused
because of the love affair and the caste of both of them was
different.
11. Dr. Vidya Shiv Kumar (PW/4) has admitted in the cross-
examination that the victim has neither made any complaint to
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her about any forceful physical relationship, made any
complaint regarding unnatural sex, nor any injury was found on
medical examination regarding unnatural sex.
12. From a comprehensive appreciation of the evidence on record,
it is evident that the victim, who was about 40 years of age at
the relevant time, was fully aware of the nature and
consequences of entering into a physical relationship with the
accused. The evidence further indicates that the physical
relationship between the parties was consensual. It has also
come on record that the parties remained in a live-in
relationship for nearly two years, thereby demonstrating a long
drawn relationship between them. The learned Trial Court,
upon a proper appreciation of the factual matrix and the
evidence adduced by the parties, recorded a finding in
paragraph 37 of the impugned judgment that the parties had
subsequently assumed a money dispute and the physical
relationship was consensual in nature, and there is no medical
evidence to substantiate the allegation of unnatural sexual
intercourse. Having regard to the evidence available on record,
this Court finds that the learned trial Court rightly acquitted the
accused.
13. The finding recorded by the learned trial Court that the victim
and the accused were living in long drawn relationship as such,
the physical relationship is consensual relationship. As such,
the accused cannot be punished for commission of offence of
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rape is in conformity with the law laid down by the Hon’ble
Supreme Court in case of Ravish Singh Rana (supra) wherein
the Hon’ble Supreme Court has held in paragraphs 14, 15, 16,
17 as under :-
14. In the instant case also, we find that the relationship
between the appellant and the second respondent (the
informant) was spread over two years. Further, they not
only admit of having physical relations with each other but
also of living together in a rented accommodation as a
live-in couple. In our view, if two able-minded adults
reside together as a live-in couple for more than a couple
of years and cohabit with each other, a presumption
would arise that they voluntarily chose that kind of a
relationship fully aware of its consequences. Therefore,
the allegation that such relationship was entered because
there was a promise of marriage is in the circumstances
unworthy of acceptance, particularly, when there is no
allegation that such physical relationship would not have
been established had there been no promise to marry.
15. Moreover, in a long drawn live-in relationship,
occasions may arise where parties in that relationship
express their desire or wish to formalize the same by a
seal of marriage, but that expression of desire, or wish, by
itself would not be indicative of relationship being a
consequence of that expression of desire or wish. A
decade or two earlier, live-in relationships might not have
been common. But now more and more women are
financially independent and have the capacity to take
conscious decision of charting their life on their own
terms. This financial freedom, inter alia, has led to
proliferation of such live-in relationships. Therefore, when
a matter of this nature comes to a court, it must not adopt
a pedantic approach rather the Court may, based on the
length of such relationship and conduct of the parties,
presume implied consent of the parties to be in such a
relationship regardless of their desire or a wish to convert
it into a marital bond.
16. In that view of the matter, in our considered view, the
long-drawn relationship of the appellant and the second
respondent including the circumstance of their living
together and cohabiting with each other, that too, in a
separate rented accommodation, would give rise to a
presumption that their relationship was based on a valid
consent.
17. The settlement agreement, dated 19.11.2023, which
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is not disputed by the second respondent, points out that
the parties had been in love. In such circumstances, we
are of the view that on ground of refusal to marry, the
appellant cannot be subjected to prosecution for the
offence of rape. The other allegations of assault and
abuse have not been supported by any material
particulars. Even the alleged sexual assault on
18.11.2023 is negated by the recital in the settlement
agreement that parties love each other.
14. In view of the foregoing discussion and law on the subject, we
are of the opinion that learned trial Court has not committed any
infirmity, illegality, perversity, or miscarriage of justice in passing
the judgment of acquittal, warranting interference by this Court.
Accordingly, the judgment of acquittal passed by the learned
Trial Court is affirmed and the appeal is dismissed at the stage of
admission itself.
Sd/- Sd/-
(Sanjay S. Agrawal) (Narendra Kumar Vyas)
JUDGE JUDGE Sd/-
Digitally signed
by KISHORE
KUMAR
DESHMUKH
Date:
2026.06.29
16:05:05
+0530
KISHORE
KUMAR
DESHMUKH
Deshmukh