Navi Mumbai: A Navi Mumbai court has acquitted a 28-year-old man accused of repeatedly raping a woman under the false promise of marriage, citing lack of evidence and noting that the relationship between the two was consensual.
Verdict Delivered By Additional Sessions Judge
Additional Sessions Judge Makarand R. Mandawgade at Belapur delivered the verdict on September 15, acquitting the Navi Mumbai resident of charges under Sections 376(2)(n) (repeated rape) and 417 (cheating) of the Indian Penal Code. He had been arrested in May 2018 and was out on bail since June 2018.
Prosecution Account Of Alleged Crimes
According to the prosecution, the victim, who worked with the man at a garment company in Bhiwandi in 2015, entered into a relationship with him that later turned physical. The victim alleged that between September 2015 and December 2017, he took her to Yash Lodge in Ghansoli on multiple occasions, where he engaged in sexual intercourse with her on assurances of marriage. However, in May 2018, when the victim pressed him to marry her, he refused, prompting her to file a complaint at Rabale Police Station.
Court Notes Inconsistencies In Testimony
The court, however, observed several inconsistencies in the victim’s testimony, including the long delay in filing the complaint and her continued consensual relationship with the accused despite being an adult aware of the consequences.
Judge Mandawgade noted that “the intimate relations between her and the accused were spread over years and were not a one-time incident. The same, therefore, cannot be construed as an offence of rape.”
Cheating Charge Dismissed
On the charge of cheating, the court ruled that refusal to marry later could not, by itself, establish fraudulent intent from the beginning. The judgment emphasized that differences in religion and age—where the victim was four years older than the accused—reasonably explained why the marriage did not take place, but did not prove that the man intended to deceive her from the start.
Defence Lawyer Comments On Verdict
Speaking after the verdict, defence lawyer Adv. Mohammad Shine said, “The court has rightly appreciated the inconsistencies in the version of the prosecutrices and delivered justice.”
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Bail And Personal Bond Conditions
Acquitting the accused, the court ordered cancellation of his bail bonds. However, the man has been directed to furnish a personal bond of Rs. 25,000 and a surety of the same amount under Section 437-A of the Criminal Procedure Code, to ensure his appearance in case of an appeal.
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