Orissa High Court Acquits Man Convicted for House Trespass in Consensual Relationship Case

Orissa High Court Acquits Man Convicted for House Trespass in Consensual Relationship Case

The Orissa High Court acquitted a man convicted of criminal trespass for entering a married woman's house to pursue a consensual sexual relationship, overturning a five-year sentence under Section 332 of the Bharatiya Nyaya Sanhita (BNS), 2023.

Justice Sanjeeb K Panigrahi noted the trial court had already dismissed rape charges due to consent, questioning if entry alone constitutes trespass without intent for a life-imprisonable offence.

The Court set aside the conviction on February 13, finding no evidence of force or criminal intent, as the woman opened the door herself.

The court stressed that her marital status does not make consensual entry criminal post the Supreme Court's decriminalization of adultery.

[Ajit Kishan v. State of Odisha]

Read Judgment / a month ago

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