Consensual physical relations between adults no offence: Court

The court was hearing a case where the woman claimed she was forced to file a case of rape against her lover.

New Delhi: A man, accused of raping and assaulting a woman, has been acquitted by a Delhi Court which said physical relations between two adults with their free consent was no offence.

The Court said there was no evidence that the man had threatened the 22-year-old woman or disrobed her, after the woman said she was forcibly taken by her parents to the police station to lodge a complaint against him.

The woman had told the Court that the physical relations between them were with her consent and talks for their marriage were on.

"The prosecutrix was well above 18 years of age at all material times. Sexual intercourse between two adults of opposite sex with their free and voluntarily consent is no offence. There is no evidence that the accused disrobed the prosecutrix or threatened her or injured her," Additional Sessions Judge Sarita Birbal said.

The Court noted that the woman had deposed before it that the man had established physical relations with her of her free will and consent as they were in love and wanted to marry each other.

"She (woman) has completely absolved the accused of the charges and has not deposed anything incriminating against him... The mother and father of the prosecutrix have also not made any incriminating statement against the accused.

"In view of the depositions of the prosecutrix and her parents in this court, their statements recorded during the investigation which are not the substantive pieces of evidence would be of no help to the case of prosecution," it said.

According to the prosecution, a complaint was lodged by the woman in October 2015, alleging that she knew the accused for a year.

Alleging that the man had snatched her purse and mobile near Karkardooma Metro Station in East Delhi, it said the accused had insisted that the woman should accompany him on his motorcycle and then took her to a place where he raped her, took obscene pictures and threatened to kill her if she disclosed anything.

The woman, however, changed her statement in the Court and deposed that she was in love with the man and her family, who knew about it, forcibly took her to the police station and got a complaint lodged against him.

The Court acquitted the man of the charges of causing hurt, assaulting a woman with an intent to disrobe her, rape and criminal intimidation under the IPC.

( Source : PTI )
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