Muktsar youth acquitted of rape charge

Ramkrishan Upadhyay

Tribune News Service

Chandigarh, October 20

Swati Sehgal, Judge, Fast Track Special Court, Chandigarh, has acquitted a youth, a resident of Muktsar, Punjab, of the charge of raping a woman on the pretext of marrying her, after the prosecution failed to prove charges.

The UT police had registered a case against the accused on a complaint of the woman for offence punishable under Section 376 (2)(n) of the IPC in 2016.

The woman, in her complaint, said she was in a relationship with the accused for the past five years. She alleged that the accused developed physical relationships with her on the pretext of marriage. Her parents also gave the consent for their marriage. She alleged that the accused took her to hotels and rented accommodations several times to develop physical relations. She alleged that the accused also tried to take her to a foreign country even before marriage as he desired to settle abroad. However, her parents did not allow her to do so.

She alleged that later the behaviour of the accused changed towards her and he started talking to other girls. On the basis of her statement, the police registered a complaint.

After investigation, the police presented a challan against the accused in 2017 in the court and charges were framed against him for which he pleaded not guilty and claimed trial.

Rabindra Pandit, counsel for the accused, argued that the accused was falsely implicated in the case and placed the records to prove his points.

After hearing the arguments and examining the records, the court said the prosecution had miserably failed to discharge the requisite onus beyond the shadow of reasonable doubt. Consequently, the accused stands acquitted of offence punishable under Section 376 (2)(n) of the IPC.

The court said: “The accused and the prosecutrix were in a relationship. Parents of the prosecutrix were aware of their relationship. Parents of the accused objected to their marital alliance due to different caste. The prosecutrix has stated that in year 2013, the father of the accused had refused their marital alliance. Despite this, she continued relations with the accused. The accused, at no point of time, concealed the fact that his parents had reservations about their marital relations. The conduct of the accused narrated by the prosecutrix in her testimony is evidence of the fact that the accused was desirous of marrying the prosecutrix and made all efforts at his command to fructify the same. He not only convinced the parents of the prosecutrix but also tried to convince his parents, though unsuccessful. The conduct of the accused established his intention to marry the prosecutrix. However, it did not materialise on account of family circumstance”.

The court said: “This leaves no manner of doubt that the relation between the accused and the prosecutrix was the result of their affection and liking for each other and not solely based on the promise to marry, as alleged”.

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