New Delhi: A man, accused of assaulting a New Zealand based divorcee and raping her on the false promise of marrying her, has been acquitted by a Delhi court which said she "voluntarily" had sexual relations with him as she was in love and wanted to marry him.
Additional Sessions Judge (ASJ) Virender Bhat let off the accused, already married to someone else, of charges of rape and cheating, saying "nothing incriminating" has come in the testimony of the alleged victim. "It is evident from the prosecutrix's (victim) deposition that she had voluntarily accompanied the accused and willingly had sexual intercourse with him. She lodged a false complaint against the accused in a state of anger and disgust. She was a major when she eloped with the accused.
"It is, therefore, beyond any shadow of doubt that the victim was indulged in sexual intercourse with the accused voluntarily as she was in love with him and wanted to marry him. The sexual intercourse between the two was with her consent," ASJ Bhat said.
The man was arrested in March 2013 by the police on the complaint of a New Zealand citizen, currently living in Australia, who had alleged that she was raped by him on several occasions since April 2011 on the false promise of marriage after she got divorce from her Indian husband in September 2010.
The woman had said that she met the accused through her ex-husband in New Zealand and they both became friends. "The accused used to visit her house since 2009. After the divorce in September 2010, they both were in touch and used to speak to each other over mobile phone," the woman had told the police.
The woman had stated that they used to meet each other regularly in India as well as in Singapore. "The accused used to have sexual relations with the victim, while assuring her that he will divorce his wife," the police had said, adding that from early this year the accused started giving "weird" excuses for delay in marriage.
The police said that just before lodging of the case, the accused called the victim at the hotel room here and beat her
up. He threatened to get her raped and kill her if she did not leave India. "The accused also told her that he is not going to marry her and he is not going to divorce his wife. The victim was shocked to hear this as the accused had earlier told her that he has already divorced his wife," the police had said.
However, the court observed that the victim has "deposed totally contrary to the prosecution case. Noting inculpatory
against the accused has come in her testimony."
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