Delhi court has acquitted a man of the charges of raping and cheating a woman, who had alleged that he developed sexual relations with her on a false promise of marriage, saying she could not have tied the knot with him during subsistence of her earlier marriage.
The court said the facts of the case showed that the woman was in love with the man and she had “voluntarily taken risk, despite being a married woman, to stay with him in a live-in relationship”.
“Since prosecutrix was a married woman, not competent to marry during the subsistence of her marriage with her husband, she cannot allege that accused had cheated her on a promise to marry her. To me, it was probably an unfortunate decision on the part of the prosecutrix.
“The woman seems to be swayed by her desire to live with the accused being in love and it may have prompted her to leave her husband,” Additional Sessions Judge Yogesh Khanna said.
The court acquitted Ishwar Singh, a resident of Sangam Vihar here, of the charges of rape, cheating and causing hurt.
“The fact that the accused and prosecutrix were friends since 2005 and that her marriage was an arranged marriage by her parents, probably not to her liking, she fled from her matrimonial house and went on to stay with the accused.
“Even her parents did not like her idea and asked her to leave their house. Hence, these facts do show that she was in love with the accused and had voluntarily taken the risk despite being a married woman to stay with accused in a live-in relationship,” the court said.
The FIR was lodged on the woman’s complaint in 2013 alleging that she was friends with Singh since 2005 and she got married to someone else in November 2009. The man started interfering in her married life and despite objections, he did not stop due to which she was thrown out of her matrimonial house within a month of her marriage, it said.
The woman returned to her parental house where her parents asked her to leave after which she started living with Singh who had assured her of marriage, it said.
The woman alleged that the man used to have physical relations with her on the promise of marriage and would also beat her up. She had also become pregnant four times. The man got her pregnancy terminated saying they would have a child after their marriage, the complaint said.
The woman alleged Singh kept on avoiding the topic of their marriage and he also did not allow her to take divorce from her husband. Later on, she came to know that he was already married and his divorce suit was pending in court.
She filed the complaint against the man when he refused to marry her.
The court, while acquitting Singh, said though the woman had alleged that the man had got her pregnancy aborted four times without her knowledge but during the period of her stay with him, she never filed any complaint to the police.
“Hence, it shows that she also probably gave her own consent for termination of her pregnancies and now that her relationship has come to an end, she is agitating this fact,” the court said.
The judge also noted that rather than filing a divorce case against her legally wedded husband, the women went on to stay with the accused on an alleged promise of marriage, a relation she herself was not competent to enter into
The woman had obtained divorce from her husband after filing of the case.