Cuttack, May 29: In a significant ruling, the High Court has held that a consensual physical relationship between two adults cannot later be treated as a rape case. Hearing a writ appeal filed by accused Pankaj Choudhury, Justice S.K. Panigrahi set aside the conviction awarded by the lower court and ordered the accused’s release.
The case stemmed from allegations that the accused had entered the victim’s house and raped her on May 21, 2022, while her husband had gone to watch Bali Yatra. Following a complaint lodged by the victim’s husband, police registered a rape case and arrested the accused.
Earlier, the Additional Sessions Judge (Fast Track Special Court), Jeypore, had in July 2025 convicted Pankaj Choudhury and sentenced him to 10 years of rigorous imprisonment. Challenging the verdict, the accused moved the High Court.
After examining the evidence and hearing both sides, the High Court observed that the circumstances of the case indicated a consensual relationship between the parties. The court stated that a consensual physical relationship cannot subsequently be labelled as rape.
The court also took note of the medical evidence, which reportedly showed no injury marks or signs of assault on the victim’s body. It further observed that no satisfactory explanation had been given for the delay in filing the FIR. The victim had also admitted that the accused was known to her husband and used to visit their house frequently.
Considering all aspects of the case and the evidence on record, the High Court quashed the lower court’s conviction and acquitted the accused. Advocate Subodh Kumar Mohanty appeared for the appellant.
