The Gujarat High Court acquitted a man convicted for rape and sentenced to life by sessions court in Godhra.The division bench of Justice JB Pardiwala and Justice AC Rao stated that the physical intimacy between the accused and victim was with the latter's consent and she was not lured by giving any false promise of marriage.
While ordering the man's release from jail, the division bench, however, made it clear that he should deposit Rs 5 lakh before the trial court which should be kept in a fixed deposit in the name of the child born out of the physical intimacy between the accused and victim. It ordered that the amount should be paid to him once he attains 18 years of age, while the interest accrued on the principal should be paid to the woman. Notably, the man had moved the high court against his conviction and sentence awarded by the sessions court on July 18, 2016.
As per the case details, the woman had alleged that she was raped by the accused on June 4, 2011, at around 2 am, while she was returning home from a marriage ceremony at her sister's place. She was threatened by the accused not to disclose about the incident to anyone, or else, he will kill her. The FIR was registered at Lunawada police station for rape and criminal intimidation. The accuse was arrested and the case was tried by the sessions court which held him guilty for the alleged crime.
When the man's appeal against the conviction and sentence was heard by the high court, his counsel contended that the prosecution failed to prove that he had taken the woman forcibly and raped her. It was also contended that the trial court failed to appreciate that the victim was in love with the accused, was a consenting party to the physical relationship, and had filed the FIR after a gap of seven months. It was also contended that the victim had filed an injunction suit to ensure that the man does not marry someone else as she was in love with him and had married him in a temple.
On the contrary, the counsel for the state government argued that the act of rape by the accused impregnated the woman and she delivered his child, which was confirmed by a DNA test. It was also argued that the accused cannot take the defense of 'consent' as the same was not argued before the trial court. The state's counsel also submitted that the life of the child born out of the physical relationship has become miserable due to social stigma, as the accused has married another woman.
However, the state's argument failed to convince the division bench, which quashed and set-aside the sessions court's order and directed the authorities to release the man.
CASE FILE
- As per the case details, the woman had alleged that she was raped by the accused on June 4, 2011.
- State’s argument failed to convince the division bench, which quashed sessions court’s order & directed authorities to release man.
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