"Thus the prosecutrix (the wife) and the accused (Vikash) being legally wedded husband and wife, the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused," the court said in the order delivered May 7.
"There is no clinching or convincing evidence on record to show that the accused had administered any stupefying substance to the prosecutrix (the wife) on March 4, 2013, before taking her to the Ghaziabad court," it added.
Vikash claimed innocence and said his marriage was solemnised Feb 2, 2011 at the woman's house.
Upon the insistence of his wife, he decided to get their marriage registered and went to the Ghaziabad court.
Vikash alleged that his wife framed him in the rape case after he expressed his inability to get his sister's house transferred in his name.
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