New Delhi [India], February 26 : Delhi's Karkardooma Court has acquitted an army official accused of raping a woman under the pretext of marriage.
The court ruled that the prosecution failed to provide evidence beyond reasonable doubt, and the woman's testimony was not trustworthy.
Additional Sessions Judge (ASJ) Gajendra Singh Nagar acquitted the accused and said, "This court is of the opinion that the prosecution has failed to prove the allegations against the accused beyond reasonable doubt."
The case revolved around allegations that the army official made physical relations with the woman on multiple occasions, promising to marry her.
However, the court observed that the woman was a willing party to the relationship and had accompanied the accused to Manali of her own free will.
"It is established principle of evaluation of evidence that a man may lie, but circumstances do not. In the present matter, the entire circumstances of the case are in contradiction of the version of the prosecutrix," the court said in the judgement.
The court's decision was based on the principle that circumstances, rather than individual statements, hold more weight in evaluating evidence. In this case, the circumstances contradicted the woman's version of events.
Her testimony does not appear to be trustworthy, unblemished, of sterling quality and the same does not inspire confidence, the court added.
"Rather court is of the considered opinion that the accused did not make any physical relations, if any, with the prosecutrix against her will and consent, rather she was a willing party to the said act. From these facts, it is apparent that no offence of rape is committed with her and she wanted to be with the accused, however due to certain circumstances their relationship did not fructify," the court in the judgement.
An FIR was registered at Police Station Pandav Nagar in October 2015. It was alleged that their alliance (Roka) was fixed by their parents in 2012 and at the time accused was posted in Ladakh.
It was alleged that the accused came to Delhi to meet her on February 13, 2014. He stayed at her rented accommodation and made physical relations with her on the promise of marriage.
Thereafter he took her to Manali in June 2014 and stayed there for 5-6 days, and later ignored the prosecutrix when she raised questions about marriage.
Advocate Sanjay Gupta along with Raj Kamal Arya, counsel for the accused, argued that the allegations were false. The prosecutrix even could not tell the date of the Roka and there is no photo or video of such a function.
It was also argued that she accompanied the accused to Manali out of her free will and wish and stayed with him during their accommodation there.
This verdict is consistent with recent rulings, such as the Delhi High Court's decision that sex on the pretext of marriage is not always considered rape if the woman continues to have a consensual relationship with the man.