Court acquits Panchkula resident in rape case registered on woman’s complaint

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 initial stage cannot be given a colour of criminality when the relationship does not fructify into a marital relationship.

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

An FIR was registered on June 30, 2021, under Section 376 (2) (n) of the IPC at the IT Park police station, Chandigarh, on a complaint of woman in this connection. The woman claimed that in the year 2010, she used to work in a company at IT Park, Mani Majra, Chandigarh. She met accused Sumit Kumar in 2010. She claimed that the accused developed physical relations with her in July, 2013, on the pretext of marriage. She alleged that thereafter, the accused developed physical relations with her at different times and place on the pretext of marriage. Now, he refused to marry her, the complainant said.

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

"The conduct of prosecutrix clearly shows that she is a mature person capable of understanding the consequences of her acts. She was fully aware of the kind of relationship, which she was maintaining with the accused. The fact that she continued to have a relationship for a long time without any insistence on marriage indicates the unlikelihood of any such promise made by the accused for marrying her."

Dr Yashika, Judge, Fast Track Special Court, Chandigarh

Rajesh Sharma, counsel of the accused, argued that his client was falsely implicated in the case. He said the prosecution failed to prove charges against accused. There was a delay in filing of the FIR against the accused, he said. There were many contradictions in the statement of the complainant which raised questions over their authenticity, he said.

However, the public prosecutor argued that the prosecution had proved the case beyond a shadow of doubt.

After hearing arguments, the court acquitted accused of the charges framed against him. The court said the very manner in which this incident was stated to have taken place puts the case of prosecutrix under serious doubts. The court said the conduct of prosecutrix clearly showed that she was a mature person capable of understanding the consequences of her acts. The court said she was fully aware of the kind of relationship, which she was maintaining with the accused. The fact that she continued to have a relationship for a long time without any insistence on marriage would indicate the unlikelihood of any such promise made by the accused for marrying her and it rather indicated that the relationship was consensual one. The allegations of prosecutrix seemed to be very well orchestrated story and nothing beyond that, the court stated.