A Delhi court has acquitted a man of rape charge saying the offence cannot be made out as the complainant was married to him when he forcibly established physical relations with her.
Additional Sessions Judge Umed Singh Grewal observed that the woman accused the man of allegedly raping her on July 5, 2016, but it could not be considered a case of rape as she was "wife of the accused on that day".
"It becomes clear that the victim had married with the accused on or before 02.11.2015. As per her own cross-examination... she was raped by the accused after July 5, 2016 but she was wife of the accused on that day," the court observed, while acquitting the man.
The complainant was living with the man in Punjab when she came to know that he was convicted and jailed for committing theft. Thereafter, she moved to Delhi without informing him.
The man who later followed her to Delhi convinced her that he will mend his ways and the couple started living together, whereafter he stole Rs 2 lakh from her. The wife then refused to reside with him.
He was arrested by the police on her complaint but he kept visiting her house and established physical relationship repeatedly, the woman alleged.
The court observed that physical relationship between the couple was with her consent when they were in Punjab and for some period in Delhi and it was only after the theft of Rs 2 lakh, that the accused had established physical relation with her forcibly.
"When the accused established physical relation with the victim forcibly, she was his wife and hence, rape case is not made out," the court said.
