The local court has acquitted an inspector-rank Border Security Force (BSF) officer of the charge of raping a woman for over four years on the pretext of marrying her.
Acquitting Ashok Kumar of the charges, Additional Sessions Judge Alka Malik said that sex by consent can't put in the category of rape.
The woman had lodged a complaint Jan 5, 2012, against the paramilitary officer under sections 376 (rape), 377 (unnatural offences), 313 (causing miscarriage without woman's consent), 420 (cheating), 406 (criminal breach of trust), 467 (forgery) and 468, 471 and 506 of the Indian Penal Code.
The case was registered by police on the court's order issued Dec 24, 2011.
A national-level wrestler Ashok Kumar, then posted at Mohali in Punjab, was arrested and was lodged in Bhondsi jail till the judgment Tuesday.
The accused had moved a bail application in the court of district and sessions judge here and Punjab and Haryana High Court, but both the courts denied him anticipatory bail.
"Both the complainant and the accused were already married. The complainant was a divorcee and both had sexual relations on many occasions for more than four years. The two were mature enough to understand the meaning of sex," defence counsel Manjeet Chaudhary told the court.
A total of 11 witnesses were examined by the court during trial.
"Sex with consent can't be kept in category of rape," the judge said in her order.
The complainant, an engineer deputed in a private company here, became pregnant during their live-in relationship and had alleged that Kumar forced her to terminate her pregnancy.
Ashok Kumar, a native of Baghpat in Uttar Predesh, had joined BSF through the sports quota. He was suspended following his arrest.
