A Delhi court has acquitted a man charged with raping and impregnating a girl after she retracted her statement, saying she had married him and the physical relation between them was consensual.
A Delhi court has acquitted a man charged with raping and impregnating a girl after she retracted her statement, saying she had married him and the physical relation between them was consensual.
Additional Sessions Judge Pawan Kumar Jain absolved the man, a Delhi resident, of charges of rape under section 376 of the IPC while relying on the victim's deposition that she had established physical relations with him after their marriage. "No doubt, when FIR was lodged, victim was pregnant but since the victim categorically deposed that she maintained physical relations with the accused after marrying him and she was major at the time of wedding, accused cannot be held liable for the alleged sexual act," the judge said.
The court also noted that the girl testified that the accused had not induced her in any manner either for marriage or physical relations and she was residing happily with him at her matrimonial house. "From the deposition of the girl and her mother, it becomes clear that accused and victim were in love affair and thereafter they solemnised marriage and performed sexual intercourse by which victim became pregnant. "Since, the victim was major and they performed sexual intercourse after marriage, I am of the view that testimony of witnesses examined by prosecution is not sufficient to bring home the guilt of accused in any manner," the judge said.
According to the prosecution, the girl, who was a minor aged 17 years, had lodged a complaint against the accused on March 06, 2014, that she was in a love affair with the man and after impregnating her he had refused to marry her. On her statement, an FIR for the offence punishable under Section 376 (rape) of IPC read with Section 6 (sexual assault) of Protection of Children from Sexual Offence (POCSO) Act was registered.
However, during her cross examination, she denied that she was a minor and also deposed that she maintained physical relations with the accused after solemnising marriage with him in a temple. During the trial, the accused had denied the allegations against him.
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