A Delhi court acquitted a man accused of raping a student, stating that the victim was in a “love relationship” with him. The court found no strong evidence to prove the charges against the accused. It observed that their relationship appeared to be consensual. The verdict highlights the importance of clear legal proof in such cases.
New Delhi: A Delhi court acquitted a man accused of raping a woman, determining that the victim was in a “love relationship” with him, which negated the claim of rape.
The accused, who lived nearby, was exonerated due to the prosecution’s failure to establish that the victim was a minor at the time of the alleged incident.
The defense argued that the birth certificate presented by the police was forged. The victim and accused were said to have communicated through Instagram.
An FIR was filed in October 2020 at the Palam village police station.
Special judge (POCSO) Santosh Kumar Singh stated that the prosecution did not prove the allegations beyond a reasonable doubt.
The court pronounced in its judgment,
“Therefore, in view of the above observations, reasons, and discussions, the prosecution has miserably failed to prove the ingredients of Section 506/354/376(2)(n) of IPC,”
The court noted that there was no evidence that the accused had threatened or assaulted the victim to outrage her modesty, stating,
“It has not come on record that the accused had ever committed rape upon her.”
The court emphasized that since the victim was not a minor, she had the autonomy to make her own decisions regarding her well-being. It was also highlighted that the alleged crime took place in a densely populated area, yet the victim did not raise an alarm and instead went to the terrace of an adjacent building to meet the accused.
The court concluded that the victim had voluntarily contacted the accused via Instagram, indicating there was no coercion involved.
The court stated,
“As the offence of rape is not proved and the biological FSL report is also negative, the question of consent does not arise,”
Additionally, the second FSL report indicated that no relevant chats could be retrieved from the victim’s mobile phone during the forensic examination.
The court further remarked that the victim’s testimony did not meet the standards of “Sterling Quality,” citing inconsistencies and contradictions that undermined her credibility.
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Advocate Deepak Sharma, representing the accused, argued that the victim was of legal age at the time and that their relationship was consensual.
He also claimed the birth certificate relied upon by the prosecution was invalid, as it did not list the victim’s name.
Conversely, the prosecution maintained that the birth certificate indicated the victim was born on November 19, 2007. The accused had been in custody for three years and eight months prior to the acquittal.
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