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