A man has been acquitted by a Delhi court of charges of raping a woman and committing unnatural sex with her after a false promise of marriage as the alleged victim turned hostile and deposed that she was happily married with the accused.
Additional Sessions Judge Sanjiv Jain also freed the man, a resident of Sri Niwaspuri here, of charges of cheating and threatening to kill the woman.
"No averments or incriminating evidence has come on record against the accused that he had committed sexual intercourse and carnal intercourse against order of nature with the woman on the false pretext of marriage.
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"Rather, the statement of the woman is categorical to the effect that whatever accused did with her was with her consent. He did not do any sexual or carnal intercourse with her against her wishes on the false promise of marriage," the court said.
It noted that the woman, in her statement before the court, denied that accused had committed sexual intercourse with her by showing her nude photographs.
"She (woman) has stated that whatever relations she had, were with her consent. Accused never forced her to have sexual intercourse and she made the statement out of anger and misunderstanding since accused was delaying the marriage with her. She stated that now accused has married with her and she has been living happily with him," the judge noted.
The woman was already married to someone since 1998 and in 2006, she was turned out of her matrimonial house by her husband who was allegedly having an extra marital affair.
According to the prosecution, the woman lodged a complaint at Amar Colony Police Station in 2013 alleging that in October 2006 she had met the man who was working as a clerk in CAG office and had promised to get her a job.
They started meeting and he took her to his house where he gave her a sedative-laced tea after which the woman became unconscious, it said adding that on regaining consciousness, she found that she had been raped by the man.
The man started blackmailing her by showing her nude photographs and repeatedly raped her, police said.
Later on, the woman came to know that the man was already married and had kids. In 2012, when she became pregnant, the man took her to a hospital and got her child aborted.
The woman turned hostile in the court and said that the man did not do anything wrong with her and the physical relations between them were consensual.
The court closed the evidence after recording the woman's statement saying since no incriminating evidence has come on record against the man, so his statement under the CrPC was dispensed with.
