Long-Term Consensual Relationship Not Deceitful Sex: Madhya Pradesh HC
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The High Court of Madhya Pradesh has reaffirmed that a prolonged consensual relationship with a married man cannot be converted into an offence of deceitful sexual intercourse merely because the relationship later turned sour.
In a single-judge bench constituted by Justice Jai Kumar Pillai, the Court dismissed an appeal challenging the acquittal of an accused charged under the Bhartiya Nyaya Sanhita, 2023.
Key Takeaways
Consensual Relationship Beyond Scope of Offence: A long-standing relationship between consenting adults aware of each other's marital status does not constitute a false promise of marriage from inception.
High Threshold for Interference in Acquittal: Appellate courts will not overturn trial court acquittals if the trial court's view is plausible and supported by evidence.
Strict Evaluation of Prosecutrix Testimony: While conviction can rest solely on a prosecutrix's testimony, courts must scrutinize such evidence with great caution when consensual context is evident.
Evaluating the facts, the Court observed that the prosecutrix engaged in a long-term relationship spanning five years despite knowing that the accused was a married man with children.
The Court has following directions:
"A copy of this judgment along with the record of the trial Court be sent back immediately for information and necessary compliance."
The Court, in its reasoning, observed: "On perusal of the record and the impugned judgment, it is evident that the trial Court correctly appreciated the factual matrix of the relationship between the parties. As observed by the trial Court, the prosecutrix had been in a relationship with the accused for five years. The souring of their relationship cannot constitute an offence under the given facts."
Ratio
A consensual sexual relationship extending over a prolonged period between mature adults, where the complainant is fully aware of the married status of the accused, does not fulfil the legal requirements of sexual intercourse on a false promise of marriage or deceitful pretext under the criminal code.
Background
The prosecutrix, a widowed mother of three, alleged that the respondent engaged in physical relations with her on the false pretext of marriage between 12.12.2020 and 15.06.2025. She further claimed that when she demanded marriage, the accused refused and issued death threats. Based on a written complaint, an FIR was registered at Police Station Kotawali, Shajapur, under Sections 69 and 351(3) of the Bhartiya Nyaya Sanhita, 2023.
Upon trial, the Sessions Judge, Shajapur acquitted the accused on 10-03-2026. The complainant filed a criminal appeal alongside applications under Section 5 of the Limitation Act and Section 413 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking leave to appeal.
The High Court condoned the 73-day delay but ultimately refused leave to appeal, holding that the trial Court had properly evaluated the testimony and correctly concluded that the complainant was a consenting party.
Case Details:
Case No.: Criminal Appeal No. 6453 of 2026
Neutral Citation: 2026:MPHC-IND:23895
Case Title: Ganga Bai Mevada v. The State of Madhya Pradesh and Others
Appearances:
For the Petitioner(s): Ms. Megha Jain - Advocate
For the Respondent(s): Shri Gaurav Rawat – GA
Source: 2026 CaseBase(MP) 14919
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