Lucknow : The Lucknow bench of the Allahabad High Court 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 marriage did not, prima facie, raise a strong suspicion that the alleged offence had been committed.
According to the court, the complainant said she met Rathore at public meetings, after which he offered her political patronage and an alliance. She accepted the offer and was later appointed district women’s president of the Tailik Mahasangh, following which their proximity increased.
The court also referred to the statement of the complainant’s husband, who said Rathore frequently called her to his residence and that she sometimes stayed 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.
Congress MP from Sitapur Rakesh Rathore arrested on rape charge. The court said this was inconsistent with the allegation that the relationship had been established on a promise of marriage.
It also considered statements by the complainant’s husband, her married son and daughter-in-law, who supported her allegations against Rathore.
However, the court said the prosecution material presented a version of events that, in its view, could not be accepted 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 filed an FIR at Kotwali police station in Sitapur in January 2025, alleging that Rathore raped her in 2020 and subsequently continued 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 rejected his 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 the framing of charges did not prevent it from exercising its revisional jurisdiction to examine the legality of the discharge proceedings.
