Delhi court docket acquits Military official accused of rape on pretext of marriage

The court docket dominated that the prosecution failed to offer proof past affordable doubt, and the lady’s testimony was not reliable.

Further Classes Choose (ASJ) Gajendra Singh Nagar acquitted the accused and mentioned, “This court docket is of the opinion that the prosecution has didn’t show the allegations in opposition to the accused past affordable doubt.”

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The case revolved round allegations that the military official made bodily relations with the lady on a number of events, promising to marry her.

Nevertheless, the court docket noticed that the lady was a keen occasion to the connection and had accompanied the accused to Manali of her personal free will.

“It’s established precept of analysis of proof {that a} man might lie, however circumstances don’t. Within the current matter, the whole circumstances of the case are in contradiction of the model of the prosecutrix,” the court docket mentioned within the judgement.

The court docket’s determination was primarily based on the precept that circumstances, somewhat than particular person statements, maintain extra weight in evaluating proof. On this case, the circumstances contradicted the lady’s model of occasions.

Her testimony doesn’t seem like reliable, unblemished, of sterling high quality and the identical doesn’t encourage confidence, the court docket added.

“Quite court docket is of the thought-about opinion that the accused didn’t make any bodily relations, if any, with the prosecutrix in opposition to her will and consent, somewhat she was a keen occasion to the mentioned act. From these information, it’s obvious that no offence of rape is dedicated along with her and he or she needed to be with the accused, nevertheless as a result of sure circumstances their relationship didn’t fructify,” the court docket within the judgement.

An FIR was registered at Police Station Pandav Nagar in October 2015. It was alleged that their alliance (Roka) was mounted by their dad and mom in 2012 and on the time accused was posted in Ladakh.

It was alleged that the accused got here to Delhi to satisfy her on February 13, 2014. He stayed at her rented lodging and made bodily relations along with her on the promise of marriage.

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Thereafter he took her to Manali in June 2014 and stayed there for 5-6 days, and later ignored the prosecutrix when she raised questions on marriage.

Advocate Sanjay Gupta together with Raj Kamal Arya, counsel for the accused, argued that the allegations had been false. The prosecutrix even couldn’t inform the date of the Roka and there’s no picture or video of such a operate.

It was additionally argued that she accompanied the accused to Manali out of her free will and need and stayed with him throughout their lodging there.

This verdict is in step with latest rulings, such because the Delhi Excessive Courtroom’s determination that intercourse on the pretext of marriage isn’t at all times thought-about rape if the lady continues to have a consensual relationship with the person.