Man rapped for extra-marital affair, acquitted of rape charge

New Delhi

The court, however, absolved him of the charge of rape levelled by a 24-year-old woman, whom he allegedly deceitfully married by concealing his marital status, saying the relation between them was consensual.

"Though the accused is not guilty of the offences, yet his conduct has not been clean and above board. He has deceived and cheated his wife as well as his children by having extra- marital liaison with the prosecutrix. He has betrayed the trust and faith of his wife," Additional Sessions Judge Virender Bhatt said.

The judge further said, "The accused must take the period of imprisonment suffered by him in this case and the rigorous of trial he has faced as atonement for his sinful and mischievous deeds."

The court, however, asked the man's first wife to accept him "back into matrimonial fold so that they stay as marital partners happily".

Noting that the complainant had turned hostile, it said that from her examination-in-chief "it is crystal clear" that she had willingly gone to meet the accused and voluntarily accompanied him to a temple "where she solemnised marriage with him on her own will and wish".

The judge said the complainant nowhere stated in her examination-in-chief that the accused had committed forcible sexual relations with her, and from her testimony "it appeared that physical relations between them were consensual".

Dismissing the woman's claim in her cross-examination that the accused concealed his marital status from her, the court said she was not expected to believe him about his divorce without the proof of the same.

"The prosecutrix knew that the accused is a married person having four children. She was a 24-year-old postgraduate and capable of taking decisions for her future and distinguishing between good and bad.

"She cannot be expected to have believed blindfoldedly the statement of the accused that he has divorced his wife without asking for any proof for the same or confirming the same at her own end by discrete inquiries from the family of the accused as well as her own parents," it said, adding that the evidence on record does not indicate that she was misled by any false statement of the accused.

According to the prosecution, the woman lodged a rape case in October 2015 alleging that the acused married her deceitfully by falsely claiming that he had divorced his wife.

He solemnised marriage with her, obtained her consent for physical relations with him and threatened her that if she returns to her parental house, he would kill her as well as her father, the police said.

Charges under sections 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage), 376 (rape) and 506 (criminal intimidation) of the IPC were framed against the accused.

The accused admitted having married the victim claiming she was pressurising him but denied having any physical relations with her.