Delhi HC acquits rape accused, says 'victim' consciously consented

New Delhi: The Delhi High Court has acquitted a rape accused, saying the alleged victim had “consciously consented” for having physical relations with him and her consent was not on account of false promise of marriage.

Justice Rajneesh Kumar Gupta acquitted the man in an order passed on Friday, noting that the woman was aware that he was already married.

He also noted that the woman made “material contradictions” in her statements.

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“These material contradictions show that PW (prosecution witness)-3 (woman) has not spoken the exact truth regarding the alleged incident and it affects the case of the prosecution on merits,” the judge said.

The cross-examination of the woman showed that she had gone with the accused with her own consent, despite being aware that he was married and had children, the judge noted.

She knew the appellant for one year before the incident and used to talk to him often for one to two hours, the judge said.

The woman also deposed that they lived together in Kangra for about six months, during which period, she assisted the appellant in manufacturing cane chairs.

“The fact that the prosecutrix continued to live with the appellant for a period of six months, during which the physical relations were maintained and no alarm was raised during that period, and further that she assisted him in his work to earn more for living happily, clearly demonstrates that she was fully aware of the consequences of her acts, particularly when she was conscious of the fact that the marriage with the appellant was not possible. Thus, the alleged element of inducement on the pretext of marriage by the appellant is manifestly absent,” the judge said.

According to the prosecution, the woman had given her consent for a sexual relationship after the accused promised to marry her, but reneged on that promise.

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