Thane, Oct 15 A Thane court has acquitted a 35-year-old man accused of raping a woman under the pretext of marriage and intimidating her, observing that their relationship was consensual.
Additional Sessions Judge G T Pawar, in an order passed on Tuesday, cited a Supreme Court ruling to hold that a consensual relationship sustained over a period of time does not amount to rape based on a false promise of marriage.
According to the prosecution, the complainant, a widow who has a daughter, got in touch with the accused through Instagram. She alleged that the accused committed a forceful sexual assault on her on November 12, 2022, at a house in the Mumbra area of Maharashtra's Thane district after promising to marry her and take care of her child.
The accused repeatedly exploited her, borrowed money and gold ornaments for his business, and subsequently subjected her to assaults and threats to make private photos viral when she pressed for marriage, the prosecution alleged.
The defence, however, argued that the relationship was consensual and that the accused had been falsely implicated.
After hearing both sides, the judge noted that the victim deposed that her initial sexual intercourse with the accused was forceful, but while narrating the history to the medical officer, she stated it was consensual.
"If the first incident was forceful without her consent and against her will, she could have complained about it, but she had not complained about it. From perusal of evidence on record, it reveals that sexual intercourse between the accused and the victim was consensual," the court said.
From the victim's evidence, it is clear that she was previously married and had a daughter. Despite that, she went with the accused to some unknown place and stayed there overnight, the court noted.
"The accused had sexual intercourse with her and thereafter he said that 'do not take tension, I will marry you'. It means that promise to marry was (made) after first intercourse, hence it can not be said that it was a false promise of marriage," the court stated.
Citing the SC's order where it was held that consensual relationships enjoyed over a period do not constitute rape by a false promise of marriage, the sessions court concluded that the prosecution failed to prove its case beyond a reasonable doubt.
Consequently, the court acquitted the accused of all charges.
During the trial, the prosecution examined four witnesses -- the victim, a panch witness, a medical officer, and the investigation officer.
