A man has been acquitted of the charges of raping and cheating a woman, whom he married last month, by a Delhi court which noted that she had consented for establishing physical relations with him.
The court acquitted the man after the woman turned hostile and did not support the prosecution case that she was raped by him and the evidence was neither reliable nor trustworthy.
It said as the woman has married the accused and is living happily with him, it would not be in her interest that the case is continued.
Additional Sessions Judge Nivedita Anil Sharma freed the man, a resident of Paharganj here, saying the court was satisfied that the prosecution has failed to bring home the charge against him for the offences of rape and cheating.
"Consequently, no inference can be drawn that the man is guilty of raping the woman. There is no material on record to suggest that the woman was ever raped by the man. No case is made out against him as there is no incriminating evidence against him.
"There is no material on record to show that for last four years prior to March 21, 2013, the man has committed rape upon the woman under false promise to marry her. In fact, it is revealed from the evidence of the woman that she had physical relations with the man with her free consent," the court said.
According to the prosecution, the woman had lodged a case against the man alleging that she had developed friendship with him in 2009 and they established physical relations after he assured her of marrying her. She had said he has been raping her on false promise of marriage from past four years and thereafter he refused to marry her.
The woman, however, resiled from her statement and deposed in the court that the man has honoured his promise by marrying her on February 4 this year and earlier due to wrong advice of some well wishers, she had lodged the complaint against him.
She said they got married after the man converted to Islam and have been living happily together.
The judge closed the prosecution evidence after recording the statement of the woman saying the precious time of the court should not be wasted in recording the testimonies of formal or official witnesses when the prosecutrix herself has not supported the case and was hostile.
