New Delhi: A youth has been acquitted of the charge of raping a girl on a false promise of marrying her by a fast track court which said it was clear that she was aware that their marriage could not be solemnised due to difference of religion.
The fast track court, set up to try exclusively cases of sexual offences against women, freed Delhi resident Rafiq, 26, on the ground that the girl`s testimony was "inconsistent and self contradictory" and it was clear from letters exchanged between them that she was aware that their marriage could not be solemnised due to difference of religion.
"...Their marriage could not be solemnised due to difference of religion and that neither the prosecutrix nor the accused initiated any action for seeking consent of their respective parents. Rather, the girl advised the accused not to meet her parents.”
"This provides benefit to the accused to create doubt about the genuineness of the allegations of abduction or rape made by the girl against him," the judge said, referring to the girl`s statement and letters exchanged between the two.
According to the prosecution, the 24-year-old girl had approached the police in May 2008 saying that she was in love with Rafiq from past two years and he had raped her several times on a false promise of marriage.
She had told the police that he had taken her to various place in Delhi and outside the city also and after making physical relations with her, he refused to marry her.
The court, however, acquitted Rafiq saying it was not acceptable that he obtained her consent under deception of marriage and this created doubt about the reliability of the prosecution case. During the trial, Rafiq pleaded that he had never had any physical relation with the girl. He said he and the girl were from different religions and she wanted to marry him. Their marriage could not be solemnised due to this reason and so she had filed a false case against him.
The court also said that the conduct of the girl was not natural as on one hand she was alleging that Rafiq had made physical relations with her on the false promise of marriage and on the other hand she was writing letters to him advising him not to meet her parents for their marriage.
"She herself did not disclose to her parents that she wanted to marry Rafiq. She knew that there was difference of religion and that may be a hurdle in her marriage with the accused," it said.