A Delhi court has acquitted a man, accused of raping a 32-year-old woman, saying their physical relationship was consensual.
Additional Sessions Judge Gautam Manan freed the south Delhi resident saying that the woman's intimate relationship with the man showed that "her relationship was not an act induced by misconception of any fact."
"Seeing the age of the prosecutrix which is around 32 years, it can be easily inferred that she knew what are the consequences of allowing a male friend into her bedroom at night.
"The entire circumstances discussed above and which have come to the fore from the testimony of none else but the prosecutrix, it cannot be said that the sexual intercourse was without her consent. The act seems to be consensual in nature," the court said.
According to the complaint the accused, who was younger to the woman, befriended her through a WhatsApp group. She alleged that he used to visit her house frequently and forcibly established physical relationship with her.
The woman, in her complaint also claimed that the accused took cash of Rs 80,000 from her after promising to marry her. The accused also allegedly threatened to kill her, the complaint said.
However, the court said that her act to allow the visits of the accused to her house in absence of her husband shows she did not find the act and behaviour of the accused objectionable.
"In the present case, the explanation given by prosecutrix that she was under impression that accused would marry her is found improbable and not worthy of any credit," the court said.
During the trial, the accused denied all the allegations and claimed that the woman had filed a false complaint against him.
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