Man acquitted of charge of raping married woman
14 March 2014 5:18 AM IST
A Delhi court has acquitted a man of charges of raping a woman, who had alleged that he developed sexual relations with her on a false promise of marriage, saying he could not have tied the knot with her even if he wanted as she was already married.
Additional sessions judge Nivedita Anil Sharma freed the man, a resident of Uttam Nagar, saying the FIR was lodged after a delay of about three years which was fatal to the prosecution story and delay has not been satisfactorily explained by the 23-year-old woman or the Delhi police.
The court said that it failed to comprehend as to how the allegations of false promise of marriage and rape have been raised by the woman as she being already married could not have married the other man during the subsistence of her marriage. ‘It is apparently clear that the prosecutrix had herself got involved physically with the accused during the subsistence of her marriage with her husband. In such a situation the accused could not have married the prosecutrix, even if he wanted to’, the court said.
Additional sessions judge Nivedita Anil Sharma freed the man, a resident of Uttam Nagar, saying the FIR was lodged after a delay of about three years which was fatal to the prosecution story and delay has not been satisfactorily explained by the 23-year-old woman or the Delhi police.
The court said that it failed to comprehend as to how the allegations of false promise of marriage and rape have been raised by the woman as she being already married could not have married the other man during the subsistence of her marriage. ‘It is apparently clear that the prosecutrix had herself got involved physically with the accused during the subsistence of her marriage with her husband. In such a situation the accused could not have married the prosecutrix, even if he wanted to’, the court said.
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