Woman lodges false rape case, Court acquits man of charges

Additional Sessions Judge (ASJ) Virender Bhatt acquitted Haryana resident Balinder, his father Ramphal, his uncle Suresh Kumar and his maternal grandfather Veerbhan of the charges offences under section 376 (rape), 506 (criminal intimidation), 109/34 (abetment with common intention) of IPC.

"The evidence on record clearly reveals that the victim has lodged a false complaint against the accused giving a concocted version, probably at the instance of her husband and her parents.

"What actually had happened is that she was not happy with her husband who used to beat her regularly, developed friendship with accused Balinder, eloped with him to

Chandigarh where they solemnized marriage and she was staying happily with him," the ASJ said.

Relying on the statements of witnesses, the court said that despite being brought from a village in Haryana where she had gone after eloping with Balinder, she did not lose her love and affection for the accused and wanted to stay with him and accordingly, eloped with him again in September, 2013.

The court also took into account a village panchayat note in which it was stated that the woman was not willing to go back with her parents and husband and wanted to stay with the accused but was allowed to go after they submitted an undertaking to take her entire responsiblity.

"Therefore, it is further evident that the prosecutrix was not happy with either her husband or her parents and did not want to go and stay with either of them. She wanted to stay with accused Balinder as she was living happily with him.

This conduct of the prosecutrix completely trashes the prosecution case," the court said. According to prosecution, accused Balinder while residing

in Delhi befriended the husband of the woman and one day he had visited her house and committed rape upon her and made an obscene video.

The police in its charge sheet said Balinder had also taken her to Chandigarh where again he raped her after which she was taken to his native village in Haryana. She was later brought back from the village by her parents and husband.