New Delhi: A man accused of raping a widow after promising to marry her has been acquitted by a Delhi court as the woman turned hostile after he married her.
Additional Sessions Judge Yogesh Khanna absolved the man, a resident of south-west Delhi, of the charges of rape and cheating under the IPC after the woman changed her statement saying she had lodged the complaint against him due to some misunderstanding.
"In view of the facts and circumstances of the case, where the prosecutrix (woman) has turned hostile and not supported the case of the prosecution, it can safely be said that the prosecution has failed to prove its case against the accused beyond reasonable doubt.
"Hence, he becomes entitled to be acquitted of the charges under section 417 (cheating) and 376 (rape) of the IPC," the judge said.
While acquitting the man, the judge noted that the woman resiled from her earlier statement in which she had alleged that she was raped and told the court that physical relations between her and the man were consensual.
She also said that she made the complaint out of anger and due to misunderstanding as the man was delaying the marriage.
"Considering the deposition of the woman, wherein she had not stated any incriminating fact against the man, I am of the view that there is no need to examine remaining formal witnesses as it would be a futile exercise," the judge said.
According to the police, the woman, who lived alone with her son after her husband`s death, told the police on April 11, 2013, that she was friendly with the man for the last four years.
The woman told the police that the man had confessed his love for her and soon he started forcing her to have physical relations with him after giving an assurance that he would marry her.
The police said when the woman asked him to marry her, he refused and also threatened to kill her and her son if she complained against him.
In April 2013, the man again came to the woman`s house and when he refused to marry her, a quarrel took place between them after which she lodged a complaint against him at Civil Lines Police Station.
The woman, however, resiled from her statement in the court as the man married her when he was released on bail during the trial.