‘Clear case of consent’: Gujarat HC upholds rape acquittal over delay

‘Clear case of consent’: Gujarat HC upholds rape acquittal over delay

In *State of Gujarat v. Anilbhai Babubhai Dudhat*, the Gujarat High Court on June 30, 2025, upheld the trial court’s acquittal of the accused in a rape case. The complainant, an 18-year-old woman, alleged that the accused, her neighbour, had repeatedly raped her, resulting in pregnancy. However, she reported the incident only when she was 7–8 months pregnant. The accused claimed a consensual relationship and submitted joint photographs as proof. The Court noted several key factors: absence of medical evidence indicating force, the victim's silence for several months, her conduct suggesting consent, and the medical report stating she was habituated to sexual intercourse. Additionally, by the time of the trial, the victim had married someone else. The Court held that the prosecution failed to establish guilt beyond reasonable doubt and dismissed the State’s appeal. The judgment underscores the importance of evidence, timely reporting, and behavioral consistency in establishing rape charges.