CISF Constable Freed in Rape Case After he Marries Complainant

Published: 09th July 2014 06:13 PM  |   Last Updated: 09th July 2014 06:13 PM   |  A+A-

By PTI

NEW DELHI: A CISF constable, facing trial for allegedly raping a woman on the false pretext of marriage, has been acquitted by a Delhi court after the complainant resiled from her earlier statement and said she had tied the knot with him.   

The court freed the man, a resident of Jammu and Kashmir, observing that the woman had deposed before it that physical relations between them were "consensual" and she had lodged the complaint against him due to some misunderstanding as he was delaying the marriage.     

"In view of the facts and circumstances of the case, where the prosecutrix (complainant) has turned hostile and had not supported the case of prosecution and had rather stated that she had sexual intercourse with accused with her consent on all times prior to her marriage," Additional Sessions Judge Yogesh Khanna said.        

"She had made this complaint out of anger and due to misunderstanding as accused was delaying the marriage, it can safely be said that prosecution has failed to prove its case against the accused beyond reasonable doubt," the judge said.          

"Since nothing incriminating had turned up against the accused, he is thus acquitted of the charges under sections 417 (cheating) and 376 (rape) of the IPC," the court said.  

A case was registered against the constable, who was posted at ONGC in Gujarat in 2012, on the complaint of the woman who alleged that he had raped her on March 8 and 9, 2013 at a hotel near Nizamuddin Railway station while he was on his way to Surat via Delhi.  

The woman, however, changed her statement in the court and during her cross-examination, she deposed that she had met the accused at a park here in May 2012 and had developed friendship after which she used to talk to him on phone as he has promised to marry her.

The woman further deposed that physical relations between them was with her consent and she had filed the complaint out of anger and due to misunderstanding.        

She told the judge that on September 13 last year, they got married and were now living happily.        

She denied in the court that the accused ever raped her on the promise of marriage.

 

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp