Victim turns hostile, rape accused walks free

May 10, 2016 12:00 am | Updated 08:05 am IST - New Delhi:

A Delhi court has acquitted a man of rape and criminal intimidation charges as the victim said that she was puzzled when she had lodged a complaint against the accused.

She also deposed that she had been staying with accused Manoj Kumar in a live-in relationship before marrying him two months after lodging the case.

The Patel Nagar police in the charge-sheet alleged that the accused had allegedly raped the woman and also threatened her.

“She was living with the accused in a live-in relationship for seven years prior to lodging of the FIR. She was living with the accused prior to that period also. She made physical relations with accused with her free consent. The accused had shifted to his mother’s house and started ignoring her, therefore, she became puzzled and lodged the complaint against him,” the woman deposed in the trial of the case.

She further deposed that she had married the accused and was residing with him happily. She categorically stated that the accused did not maintain physical relations with her forcibly before lodging the report. “The prosecutrix has not deposed an iota of evidence of her being raped by the accused. She has deposed that accused has not committed any offence against her and not deposed anything incriminating against the accused. She has deposed that she had physical relations with the accused with her free consent,” the court observed on the testimony of the victim.

“From the above discussion, it is clear that the claim of the prosecution is neither reliable nor believable and is not trustworthy and the prosecution has failed to establish the offence of rape and threat. The evidence of the prosecutrix makes it highly improbable that such an incident ever took place. She has categorically deposed that she had physical relations with the accused with her free consent and that she had married the accused and is residing happily with him. Consequently, accused is hereby acquitted of the charge for the offence under Section 376 (rape) and 506 (criminal intimidation) of the IPC,” the court said. .

The victim deposed that she had been staying with the accused in a live-in relationship

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