A Delhi Police constable, accused of raping and deceitfully marrying a woman after concealing his first marriage, has been acquitted by a court here after the alleged victim turned hostile and said she had lodged the complaint because he stopped bearing her expenses.
Additional Sessions Judge Sanjiv Jain absolved the police man, a resident of south-Delhi, of the charges under sections 376 (rape) and 420(cheating) of the IPC.
"Considering the testimony of complainant, who has categorically stated that the accused neither forced her into illicit intercourse, nor concealed any information regarding his first marriage for obtaining her consent with dishonest intention, I am of the view that prosecution case is not proved against the accused under sections 376 and 420 of IPC.
"The accused deserves to be acquitted of the charges framed against him," the judge said.
"In the present case, star witness was the complainant as prosecution machinery came into motion on her complaint. She did not support the prosecution case in any manner and completely turned hostile," the court said.
The court, while acquitting the accused, also took into consideration the statement of his first wife, whom he had married in 1995 and has three kids, that she has no complaint against him having relations with the complainant.
According to the prosecution, a complaint was lodged by the woman, a divorcee, that she was living with her parents and met the accused constable at her residence.
It further said that in February, 2010, the accused came at her house when she was alone and established physical relations with her without her consent.
When her parents came to know of this, they got both of them married and soon they had a child, it said, adding that later she found out that he was already married.
She then lodged a complaint with the police, but denied the allegations in her statement before the magistrate, saying she had given the complaint because the accused had stopped bearing her expenses.
She was declared hostile by the prosecution and in her cross examination, she denied being raped, the court said.
Charges of rape and cheating were framed against the accused, to which he pleaded not guilty and claimed trial.
