A Delhi court has dismissed charges of illegal confinement and forcible physical relations levelled by a girl against her classmate, saying that “the prosecutrix was madly in love with the boy.”
“There is strong indication from the evidence on record that the prosecutrix was madly in love with the accused and that was reason she stayed with him in a room… and engaged in physical relations with him,” Additional Sessions Judge Virender Bhat said in his judgment acquitting accused Harinder in the case.
“The physical relations between the prosecutrix and the accused appear to have been consensual. There is nothing in the testimony of the prosecutrix to suggest that she had agreed to stay with the accused only on the latter’s promise to marry her or that she had agreed to have physical relations with him only on his assurance to marry her,” Mr. Bhat further said.
The two were class XII students in the same school when the alleged incident had taken place in January 2014.
The court reached these conclusions on the basis of evidence by the maternal aunt of the girl and the landlady whose one-room accommodation the victim had rented with the help of the aunt and stayed along with the accused. It was also proved on record that the father of the girl had visited her rented accommodation when she was staying along with the accused.
The woman had charged the accused with confining her in the rented room and establishing physical relations with her without her consent for a fortnight when they stayed together, on the false promise to marry her.
One day in the morning, he locked the room and went away.
When he failed to return next day, she broke the lock with the permission of the landlady and found that he had run away along with his belongings.
Dismissing the allegations, Mr. Bhat said: “... I do not find any credible or clinching evidence on record to hold the accused guilty of the offence u/s 376 IPC.”
There is nothing in the testimony of the prosecutrix to suggest she had agreed to stay with the accused only on the latter’s promise to marry her, said Judge
