"From the testimony of the prosecutrix (complainant) as well as from her neighbours, it is clear that she is a consenting party to the whole incident," said Additional Sessions Judge Madhu Jain, while acquitting Delhi resident Manmath of charges of raping his wife.
"Not only she lived with the accused after marriage for four years but did not make any complaint to anybody either prior to making this complaint (to police)," the ASJ added.
The court, however, held him guilty of kidnapping the girl prior to marrying her, saying that at the time of offence in 2006, the girl was less than 18 years of age and the accused himself had admitted to marrying her.
"So far as consent of the girl is concerned (regarding her marriage), consent of minor is no consent in the eyes of law as age of the girl was less than 18 years and therefore, under the provisions of Section 366 (kidnapping) of IPC, prosecution has been fully able to prove its case against the accused under Section 366 of IPC," it said.
Manmath was arrested in August 2010, three months after the police lodged the case of kidnapping and rape against him in May 2010 on the complaint of his wife.
In her complaint, she had stated that on December 14, 2006, when she was returning from work, Manmath along with his two friends had pulled her into an autorickshaw and took her to a nearby temple, where Manmath forcibly married her. (More)
