A man, accused of raping a married woman, has been acquitted by a Delhi court which said it was a clear case of "extra marital affair" on the complainant's part that was given a colour of rape by her to portray herself as a "victim" and avoid humiliation.
The court noted that if the complainant's husband had not caught his wife and the accused in a "compromising position", there would have been no complaint as her conduct indicates that she used to administer sleeping pills to her husband for establishing physical relation with her paramour.
"It is a clear case of extra marital affair on the part of the prosecutrix (woman), which has been given the colour of rape by her in order to show to her husband that she is a victim and to avoid humiliation in the society," Additional Sessions Judge (ASJ) Virender Bhat said.
"Her (woman's) overall conduct indicates that she used to administer sleeping pills to her husband willingly in order to ensure that he goes into deep sleep and she then used to call the accused to her house to have physical relations with him," the court said while acquitting the Delhi-based man.
The court noted that the facts and circumstances clearly establishes that the woman had developed liking and fancy for the accused and she was "inclined to have physical relations" with him willingly.
"Had her husband not caught them in compromising position in the dead of night, they would have carried on with their sexual relations in the same manner, the husband being oblivious of their relations," it said.
According to the police, the accused was a neighbour of the complainant, who was married and living with her husband and her two children.
It alleged that accused had fallen in love with the woman who started talking to him over phone and after they met in a temple, the man gave her a packet of sleeping tablets asking her to mix it in her husband's meals.
It claimed that the accused had also asked the woman to call him once her husband used to fall asleep at night.
