A Delhi court, while acquitting a man of ra... charges, observed that forced physical relationship between a husband and wife did not amount to ra....
Additional sessions judge Virender Bhat acquitted Aftab Alam, who was being tried for raping his tenant after marrying her.
The court said: “The prosecutrix and the accused were legally wedded husband and wife from July 20, 2012, and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of ra....”
The court noted that Alam had married the prosecutrix on July 20, 2012.
It also observed that victim has herself deposed during trial that she considers herself as his wife.
“In view of the said clear statement of the prosecutrix, there is no difficulty to hold that the physical relationship between her and the accused after July 20, 2012, does not come within the ambit of offence of ra...,” the court said.
As per the prosecution’s case, the victim was residing as a tenant along with her family at Alam’s father’s house in Uttam Nagar here. Alam used to visit their house to collect rent.
On July 19, 2012, Alam found victim alone at home and offered her a drink laced with sedatives after which she fell unconscious. He then ra...d her. The next day he took her to his aunt’s place and married her and then ra...d her. Later, Alam burnt the marriage document and refused to accept her, the prosecution alleged.
The woman registered a case against the accused on January 9, 2013, in west Delhi’s Bindapur police station. The court observed that the conduct of the woman in accompanying the man “voluntarily and willingly” the next day was also highly unnatural and goes against the prosecution case.
