Allahabad High Court Overturns Life Sentence of Man Accused of Kidnap and S*xual Assault After Learning That Victim Was an Adult Who Entered Into Consensual Relationship

Lucknow, January 26: In a significant legal development recently, the Allahabad High Court set aside the life imprisonment of a man convicted of kidnapping and s*xually assault, ruling that the encounter was a consensual relationship between two adults. The division bench observed that an increasing tendency among the youth to enter live-in relationships - which it described as being influenced by "western ideas" - often leads to the filing of criminal cases when these informal arrangements fail.

The case involved an appellant, Chandresh, who had been convicted in March 2024 by a Special POCSO Court in Maharajganj. The prosecution alleged that Chandresh had enticed a minor girl with the promise of marriage before taking her to Bengaluru, where he reportedly established a physical relationship. HC on Wife’s Maintenance: ‘Earning Wife Not Entitled to Maintenance From Husband’, Observes Allahabad High Court.

Background of the Case and Original Conviction

Based on these allegations, the trial court sentenced him to life imprisonment under various sections of the Indian Penal Code (IPC), the POCSO Act, and the SC/ST Act. Chandresh subsequently challenged this verdict in the High Court, maintaining that the relationship was entirely consensual.

High Court Findings on Age and Consent

The division bench of Justice Siddharth and Justice Prashant Mishra-I found that the trial court had overlooked critical evidence regarding the woman’s age. An Ossification Test (bone age test) conducted by the Chief Medical Officer proved she was approximately 20 years old at the time of the incident, making her a legal adult.

The bench also highlighted several factors that contradicted the narrative of kidnapping:

Public Travel: The woman travelled with the appellant via public buses and trains to Gorakhpur and Bengaluru without raising any alarm.

Six-Month Cohabitation: She lived with the appellant in a residential neighbourhood in Bengaluru for six months.

Voluntary Contact: She only contacted her family after the appellant dropped her back at a crossing in August 2021.

The court noted that the mother’s testimony regarding the daughter's age changed from 18-and-a-half years in the FIR to 17 years in court, a shift the bench suggested was likely based on "legal advice."

Observations on Legal Disparity and Social Trends

A notable portion of the judgment addressed the "legal gap" regarding modern cohabitation. The bench remarked that many current laws favouring women were drafted when the concept of live-in relationships did not exist. As a result, men are often convicted under statutes that do not account for the complexities of modern, non-marital consensual partnerships. DNA Test of Rape Survivor and Her Child Has Serious Social Consequences, Should Not Be Ordered in Routine Manner, Says Allahabad High Court; Upholds Trial Court's Order.

Verdict and Its Implications

Holding that the conviction for kidnapping and abduction was "absolutely unwarranted" for a consenting adult, the High Court quashed the life sentence and the POCSO charges. The court concluded that the trial court had failed to properly consider the evidence on record, thereby allowing the appeal and ordering the release of the appellant. The ruling has sparked a broader conversation within the Indian legal community regarding how the judiciary should balance traditional criminal statutes with evolving social norms and personal liberty.

(The above story first appeared on LatestLY on Jan 26, 2026 03:26 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).