A Delhi court has acquitted a man of the charge of sexually assaulting a woman on the pretext of marrying her, saying that “she was an educated and independent person and was aware that she was entering into consensual physical relations”.
“Even if the prosecutrix has entered into sexual relations with the accused with her own consent, 'on the pretext of marriage', it will not fall within the category of offence of rape. Therefore, I am of the opinion that the prosecution has not been able to prove its case against accused beyond reasonable doubt, that from 13/01/2014 till 23/04/2014 the accused had committed rape upon the prosecutrix on the false promise of marriage,’’ the court said.
‘Independent girl’
“I am of the opinion that the prosecutrix in the present case is an educated girl. She was also an independent, working girl, thoroughly aware of the fact that she is entering into physical relations with the accused with her own consent and it should have been known to the prosecutrix as well as the accused that even if they both wanted to get married, there may be circumstances in future because of which promise of marriage may not be successful,’’ Additional Sessions Judge Shail Jain said.
“Thus, it is to be believed that prosecutrix and accused both being adult, educated and independent, have entered into physical relations knowing all the possibilities of the outcome of such relations. It is not the case of the prosecution that prosecutrix was forced to have sexual relations with accused,’’ the Judge said.
Promise of marriage
The prosecution alleged that the man had assured the woman of marrying her and continued to establish physical relations with her.
When he started avoiding her, she lodged a complaint at the Rajouri Garden police station in west Delhi.
Both man and woman worked in the same company.
Later, they, along with other friends, had started a joint business.
Rape allegation
She alleged in her complaint that the man had raped her at a party organised to celebrate her birthday at the residence of one of their common friends.
The man allegedly offered her a cup of tea, and after having it, she became unconscious.
When she got her senses back, she realised that she had been sexually assaulted, the complaint read.
On inquiry, the man admitted to having sex with her without her consent and apologised for it. He also assured her that he will marry her. Thereafter, consensual physical relations were established between them, the prosecution said.
However, after some time, the man refused to marry her. The woman then decided to seek legal action against him.
