A man has been acquitted of the charge of raping a married woman on the promise of marriage by a Delhi court which said she was mature enough to know the consequences of her illicit relations with him.
The court said there was no evidence on record to show that the woman consented to the sexual intercourse with the accused only on his promise of marriage and in the absence of any such promise, she would not have given her consent for it.
"It is apparent that even though the man was unmarried when the relations between him and the woman began, yet she had not obtained legal divorce from her husband and therefore, she knew that her marriage with the accused is not possible as per law.
"She was a fully matured woman and capable to understand the nature and consequences of her illicit relations with the accused. The factors demonstrate that there was no chance of her being mislead by any assurance given to her by the accused and that she was a consenting party to the physical contact with the accused," Additional Sessions Judge Virender Bhat said while acquitting the Patel Nagar resident of the charges of rape, cheating and criminal intimidation.
The court also said, "From the deposition of the woman, it was very difficult to hold that she was deceived by any promise or assurance held to her by the man and she consented to sexual intercourse with the accused only on the basis of such deception or assurance.
"On the other hand, it is manifest from the testimony of her sister that the woman had illicit liaison with the accused even before her separation from her husband," the court noted in its judgement.
According to the prosecution, the 30-year-old woman made a complaint at Bindapur Police Station on May 22, 2012, alleging that she was repeatedly raped by the man on the pretext of marrying her. She said she was already married and having two children and few months back got acquainted to a man who resided in her neighbourhood.
