A man has been acquitted of the charges of raping and threatening a 30-year-old doctor, with a court here saying that physical relations between the two were consensual and the woman was mature enough to understand what was happening.
It also observed that the woman, a dentist in a central government hospital, here had already undergone abortion once. However, she got pregnant again knowing that the second abortion would worsen her health.
“Facts and circumstances show their physical relations were consensual and consent given by the woman was not under a misconception of fact. She was mature enough to fully understand what was happening between the two,” Additional Sessions Judge Sanjiv Jain said.
The judge also noted that they had met through a matrimonial website and while the woman’s family had approved of their relation, the man’s mother had not.
“They had met each other through matrimonial site. They also approached their families for marriage…the mother of the accused disapproved the prosecutrix. The prosecutrix was very much interested in the accused and knew that their marriage is not certain because of opposition of his mother. Without insisting on the marriage, she agreed for physical relations and became pregnant though she fully knew that the second abortion would deteriorate her health,” the judge said.
The court further noted that their messages and chats do not suggest any fraud prior to sexual intercourse.
“There is nothing in her evidence to demonstrate that she was incapable of understanding the nature and implications of the acts which she consented to. Her consent for physical relationship was an act of conscious decision,” it said.
The court said that things did not appear to have happened as projected by the woman and her statement was inconsistent.
“There are inconsistencies, improvements, embellishments, exaggerations and contradictions coming in the testimony of the woman which go to the root of the case. Things appear to have not happened in manner projected,” it said. “I therefore, acquit the accused Farman Khalid of the offences punishable under section 376 (rape) and 506 (threat) of the IPC giving him benefit of doubt,” the judge said.
According to police, the accused, a south-east Delhi resident, met the woman in 2010 for marriage. The complaint lodged in June 2011 alleged that she got pregnant in April 2011 but terminated it after the accused promised to marry her if she agreed. She got pregnant again in May and the accused threatened to end their relationship.
During the trial, the accused claimed he was falsely implicated as the woman wanted to take revenge from his family for refusing their marriage proposal.