A CISF constable, facing trial for allegedly raping a woman on the false pretext of marriage, has been acquitted by a Delhi court after the complainant resiled from her earlier statement and said she had tied the knot with him.
The court freed the man, a resident of Jammu and Kashmir, observing that the woman had deposed before it that physical relations between them were "consensual" and she had lodged the complaint against him due to some misunderstanding as he was delaying the marriage.
"In view of the facts and circumstances of the case, where the prosecutrix (complainant) has turned hostile and had not supported the case of prosecution and had rather stated that she had sexual intercourse with accused with her consent on all times prior to her marriage," Additional Sessions Judge Yogesh Khanna said.
"She had made this complaint out of anger and due to misunderstanding as accused was delaying the marriage, it can safely be said that prosecution has failed to prove its case against the accused beyond reasonable doubt," the judge said.
"Since nothing incriminating had turned up against the accused, he is thus acquitted of the charges under sections 417 (cheating) and 376 (rape) of the IPC," the court said.
A case was registered against the constable, who was posted at ONGC in Gujarat in 2012, on the complaint of the woman who alleged that he had raped her on March 8 and 9, 2013 at a hotel near Nizamuddin Railway station while he was on his way to Surat via Delhi.
The woman, however, changed her statement in the court and during her cross-examination, she deposed that she had met the accused at a park here in May 2012 and had developed friendship after which she used to talk to him on phone as he has promised to marry her.
The woman further deposed that physical relations between them was with her consent and she had filed the complaint out of anger and due to misunderstanding.
She told the judge that on September 13 last year, they got married and were now living happily.
She denied in the court that the accused ever raped her on the promise of marriage.
