"Consensual Extramarital Relationship": Congress MP Discharged In Rape Case

The Allahabad High Court's Lucknow bench 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 him 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 marrying her did not, prima facie, raise a strong suspicion of the commission of the alleged offence.

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

The court also referred to the statement of the complainant's husband, who said Rathore would frequently call her to his residence and that she would sometimes remain there 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.

It said this was contrary to the allegation that the relationship had been established on a promise of marriage.

The court also took note of statements by the complainant's husband, her married son and daughter-in-law, who had supported her allegations against Rathore.

The 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 give rise to a strong suspicion that Rathore had committed the alleged offence.

"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," it said.

The complainant had lodged an FIR at the Kotwali police station in Sitapur in January 2025, alleging that Rathore had raped her in 2020 and 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.

The trial court had rejected Rathore's discharge application and subsequently framed charges against him. The high court set aside the trial court's May 5, 2025 order and allowed Rathore's discharge application.

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