Court acquits Panchkula resident accused of raping woman on pretext of marriage

Mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. What was a consensual relationship between the parties at the initial stages cannot be given a colour of criminality when it does not fructify into a marital relationship.

Observing this, Dr Yashika Judge, Fast Track Special Court, Chandigarh, acquitted a person, Sumit Kumar, a resident of Panchkula, arrested in a rape case after the prosecution failed to prove charges.

The police registered an FIR on June 30 ,2021, under Section 376 (2) (n) of the IPC, at IT Park police station, Chandigarh, on the complaint of a woman. She said she used to work in an IT company. She claimed that she met the accused in 2010 as they used to come together in the company cab. She claimed that the accused developed physical relations with her in July 2013 on the pretext of marriage.

During their relationship, he also obtained Rs 5 lakh from her and now he has refused to marry her and return the aforesaid amount. During the course of investigation, the accused was arrested and his medical examination was done.

After completion of the investigation, the chargesheet against the accused had been filed in court. Finding prima facie case charges were framed against the accused, to which he pleaded not guilty and claimed trial.

Rajesh Sharma, counsel of the accused, argued that the accused was falsely implicated in the case. He said the prosecution has failed to prove charges. There was also a delay in filing the FIR against the accused and many contradictions in the statement of the complainant, which raises questions over its authenticity. However, the public prosecutor argued that the prosecution has proved the case beyond a shadow of doubt.

After hearing of the arguments, the court acquitted the accused of the charges framed against him. The court said it has come on record that the accused was not working with an IT company in 2013. The very manner in which this incident is said to have taken place puts the case of the prosecutrix under serious doubts. The court said that the conduct of the prosecutrix shows that she is a mature person, clearly capable of understanding the consequences of her acts. She was fully aware of the kind of relationship she was maintaining with the accused.