A Delhi court has acquitted an engineer of the charge of raping a dental surgeon after befriending her and promising to marry her, holding that the “physical relationship was consensual.”
Acquitting the accused, Firman Khalid, Additional Sessions Judge Sanjiv Jain said:
“Facts and circumstances rather show that their physical relations were consensual and the consent given by the prosecutrix was not under a misconception of fact.
‘Conscious decision’
“The prosecutrix was mature enough to fully understand what was happening between the two.
“There is nothing in her evidence to demonstrate that she was incapable of understanding the nature and implications of the acts to which she consented. Her consent for physical relationship was an act of conscious decision.”
Promise of marriage
According to the complaint lodged with Jamia Nagar police station in 2001, the alleged victim was working as a dentist at the Central government hospital at Jamia Milia Islamia.
She stayed in the residential apartments of the university campus.
She came in contact with Farman Khalid in December 2010.
He swore that he would marry her and urged her to establish physical contact with him, she said.
She agreed after his persistent efforts and false promises, and established physical relations with him several times, the victim alleged.
“The prosecutrix was very much interested in the accused and knew that their marriage was not certain because of opposition by his mother. Still both the accused and the prosecutrix went for physical relationship.
“The prosecutrix became pregnant, which she terminated on the advice that it would be too early to arrange a court marriage and that his family would never agree.
‘No suggestion of fraud’
“Without insisting on marriage, she again agreed to physical relationship and became pregnant though she fully knew that the second abortion would worsen her health.
“During their relationship, they exchanged messages and had chats which do not suggest any fraud prior to sexual intercourse,’’ the judge said acquitting the accused.
