Man freed in rape case as physical relations were consensual

Wednesday, Jul 22, 2015,19:10 IST By metro vaartha A A A

New Delhi | A man working with MTNL has been acquitted of the charges of raping and having unnatural sex with a 38-year-old woman by a Delhi court which said they had an extra-marital affair and the physical relations between them were consensual.
The court said there was no evidence to show that the man was having sexual intercourse with the woman against her will and the case was lodged when the accused started ignoring her. Additional Sessions Judge Sarita Birbal said the evidence showed that the man, working with public sector MTNL, had walked out of the relationship and the woman wanted to continue it.
The court said that in an attempt to negotiate with the man, the woman filed a complaint with the police and when the relationship did not resume, she lodged an FIR against him. The relationship between the woman and the accused who is an employee of a public sector undertaking outside their existing matrimony can be considered as promiscuity on their part but there is no evidence to show that the accused was having sexual intercourse with the woman against her will.
The woman was also in her thirties and a mature lady. Evidence shows that she was fully conscious of the moral aspects of this relationship, the court said. It acquitted the Ghaziabad resident of the charges of rape, unnatural sex, criminal intimidation and causing hurt by means of poison under IPC.
According to the police, the woman had got married to someone in 1995 but returned her parental house due to matrimonial disputes with her husband. She met the accused at her parents’ house where he used to come to solve computer problems. The woman had alleged that the man had come to her house when her parents were not at home and after giving her a sedative-laced drink, he raped her when she was unconscious.
He, however, assured to take care of her and later on started blackmailing her by showing her obsence photographs, she had alleged, adding that later on she lodged a complaint with the police. During the trial, the man claimed that he was innocent and has been falsely implicated in the case by the woman in connivance with her husband to extort money from him.
The court, in its judgement, noted that the woman had stated that the man established physical relations with her for about seven years. I am of the opinion that the prosecution has failed to establish that the acts of sexual intercourse between the accused and the prosecutrix were based on threats or deception on the part of the accused, the judge said.
The court said the allegation of unnatural sex were vague as no particulars such as date and time of such acts were disclosed and there was no medical evidence to substantiate the allegation.

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