The Thane Sessions Court has acquitted a 30-year-old man from Satara accused of raping a married woman, observing that the prolonged delay in filing the FIR and the existence of over 500 calls exchanged between the two indicated a consensual relationship.
The accused, Oskar D’Souza (name changed), had been booked for allegedly raping the woman on two occasions in February and March 2024, under the pretext of helping her secure a job. However, the court held that the evidence failed to substantiate the charge of rape and that the prosecution could not prove the allegations beyond reasonable doubt.
While delivering the verdict, the Sessions Court emphasized inconsistencies in the complainant’s testimony and noted her delay in lodging a formal complaint.
“The victim has admitted in her evidence that, on the first instance, after she had been allegedly sexually assaulted by the accused in Twins Hotel, she made no hue and cry and directly went to Wagle Estate by rickshaw. It is not expected from any prudent lady that she would not react if such a heinous act took place with her,” the court remarked.
The court further pointed out that the victim initially filed only a non-cognizable (NC) complaint on June 13, 2024, nearly five months after the first alleged incident, and did not mention rape at that time, despite her husband being present with her.
“Even thereafter, for about a month, she did not lodge any complaint of rape against the accused,” the court stated, adding that this delay, coupled with the ongoing communication between the two, cast serious doubt on the prosecution’s claims.
According to the prosecution, the complainant was seeking a job change in early 2024 when she met the accused, who claimed to be a contractor. He allegedly told her that he could help her find employment and asked her to accompany him for formalities related to a new job.
She alleged that on February 8, 2024, the accused took her to Twins Hotel in Kopri, Thane, under the pretext of submitting documents. There, he allegedly raped her. She did not report the incident immediately, claiming she was afraid and that the accused had threatened to leak her photos.
On March 8, 2024, the accused allegedly called her again, threatened to leak photos, and took her to a lodge in Ambarnath where the second incident reportedly took place. Again, she returned home without telling anyone. It was only after her husband coaxed the truth from her that she approached the police.
However, the court held that the long delay in filing the First Information Report (FIR), the continued phone conversations, and the absence of immediate reaction from the complainant weakened the case.
The court concluded that the allegations of rape could not be established beyond reasonable doubt and acquitted the accused of all charges.
