New Delhi: A driver has been acquitted by a Delhi court of the charge of repeatedly raping a house maid and making her pregnant when their employer was abroad with the judge holding that the woman "seems to be a consenting party".
"In view of the aforesaid facts and circumstances of the case, the conscience of this court does not permit it to order conviction of the accused. The accused is liable to be given the benefit of doubt. Hence, the accused is hereby acquitted," Additional Sessions Judge Virender Bhat said.
Holding that the deposition of the girl in the court does not appear to be credible or trustworthy, the judge said "her testimony does not inspire the confidence of this court. She seems to be a consent party to the physical relations with the accused."
An FIR was lodged at Dwarka Sector 23 Police Station on February 2 this year on the complaint of the 22-year-old woman that accused Mithilesh Kumar had raped her a number of times when their employer Kiran Kaushal was abroad.
According to the prosecution, both Mithilesh and the woman were employed in the house of Kaushal. It was alleged that from December 14, 2013 to January 12, 2014 when Kaushal, along with her children, had gone to stay with her husband in Oman leaving her old parents-in-law back home, the accused had raped the woman several times as a result of which she had become pregnant.
Mithilesh was arrested on the charge of rape but he pleaded not guilty and claimed trial. He claimed the sexual relations between him and the victim took place with her free will consent.
The court did not believe the testimony of the victim that
the accused had forcibly established physical relations with her four to five times when their employer was abroad.
"The circumstances appearing on record in which the physical relations between the two have taken place and the conduct of the prosecutrix thereupon does not suggest so (that she was raped)," the judge said.
The court held that the incidents narrated by the victim only indicated the fact that she was having some sort of intimate relations with the accused and for this reason she used to obey his dictates without any hesitation or objections.
"This is sufficient to indicate that the prosecutrix was a consenting party to the sexual relations with the accused," the court said.