No rape over marriage promise, says court, insists sex consensual as girl educated

Sep 04 2014, 19:13 IST
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SummaryGirl agreed to sex out of love 'love and passion', rape over marriage promise not valid, says court.

A Delhi police constable has been acquitted of charge of raping a student after making a false promise of marriage, with a court here saying the girl was an educated adult who had knowledge of the consequences of her actions.

Additional Session Judge Virender Bhatt held that there was nothing which could substantiate that physical relations between the two were due to some misconception.

"She was an adult and an educated girl and therefore, having knowledge of the consequences of the act she was going to indulge into.

"The manner in which the acts have been described by the prosecutrix (girl), indicates that she had consented to the same on account of her love and passion for the accused and not on account of any misrepresentation made to her by him," the judge said.

Acquitting constable Sanjay by giving him the benefit of doubt, the court said that prosecution case rests on a shaky ground and failed to produce credible or trustworthy evidence to substantiate the charges against the accused.

An FIR of rape and dowry charges against the constable, who was posted at Sagarpur police station, was lodged at Palam Village police station here on February 8, 2013.

Sanjay, who was arrested, had denied the charges pleading for trial. He told the court that the girl was just a friend and he had never promised to marry her.

Sanjay also told the court that she knew the fact that he was about to marry another girl.

He contended that after his marriage to another girl, the complainant filed a case against him and demanded Rs five lakh to withdraw the case.

The victim had alleged that the accused forcibly established physical relations after making a false promise of marriage and had later demanded Rs 5 lakh and 50 square yard plot to marry her.

"The failure to keep the promise to marry at future uncertain date does not always tantamount to misconception of fact at the inception of a fact itself," the court said, adding that "there is a distinction between mere breach of promise and not fulfilling a false promise".

"An accused can be convicted for rape only if the court reaches the conclusion that his intention was malafide right since the inception of relations...," the court said.

The court also acquitted the accused from the dowry charges saying that it was evident that if there was a demand of dowry after the finalisation of marriage, only then it

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