Rape accused acquitted after complainant marries him

Fast-track Special Court, Chandigarh, has acquitted a resident of Ambala district in Haryana in a rape case after the prosecution failed to prove charges. The police had registered the case on January 28, 2023, against the accused on the complaint of a woman under Sections 323, 376(2)(n) of the IPC at the Sector 36 Police Station, Chandigarh.

The complainant told the police that she, along with her family, was residing in Kajheri village near Masjid. She met Sahil who proposed to marry her, to which she agreed. She alleged that on the night of December 31, 2022, the accused forcibly made physical relations with her on the promise of marriage. He took her to bus stand near Sector 43, Chandigarh, from where they went to Delhi.

The complainant said he made physical relations with her several times, but did not solemnise marriage with her. After some time, Sahil started beating her and she called her brother who took her to Chandigarh.

She urged the police to initiate criminal proceedings against the accused as he had made physical relations with her on the promise of marriage. During investigation, the accused was arrested and the medical examination of prosecutrix was conducted from GMSH-16, Chandigarh.

On finding a prima facie case, charges against the accused were framed under Sections 323, 376(2)(n) of the IPC, to which the accused pleaded not guilty and claimed trial. He said he was innocent and had been falsely implicated by the police. He and complainant married each other and were living as husband-wife and also had a child from the said wedlock, he said. The complainant was major at the time of the alleged incident.

Special Public Prosecutor for the state argued that the prosecutrix had specifically deposed before the court that the accused had developed physical relations with her on the promise of marriage. Merely because now he has performed marriage with the prosecutrix, it does not mean that he has not committed any offence. On the other hand, the defence counsel said the accused was falsely implicated in the case.

After hearing of the arguments, Dr Yashika, Judge, Fast-Track Special Court, Rape and POCSO cases, Chandigarh, said while appearing in the court the woman had stated that the accused had made physical relations with her on the promise of marriage. She had nowhere stated the word “forcible” in her deposition. She had stated in her examination-in-chief that she did not want to pursue the case and she had got married with the accused on May 23, 2023 with the consent of their parents. It has come in her cross-examination that she is happily living with the accused at her matrimonial home.

The court said the prosecutrix had taken different stands at different points in time. In the initial complaint, she had levelled allegations against the complainant. Thus, prosecution has miserably failed to prove the charges against the accused beyond the shadow of reasonable doubt.