New Delhi: A Delhi court has acquitted a man of the charges of raping a woman on the pretext of marriage, saying that she already knew that he was married and her conduct shows that she "chose" to live with him.
Additional Sessions Judge Yogesh Khanna let off the man, a Mumbai resident, saying that he did not obtain the woman's consent by fraud or misconception of facts. "Admittedly, the prosecutrix (woman) knew that accused was a married man when she first met him.
She knew that he had not taken divorce from his earlier wife...," the judge said. The court noted that the woman had agreed with the accused that their relationship should not be disclosed to anyone, "probably because she herself was aware of the fact that she cannot legally marry the accused unless he divorces his wife.
" The court said that woman's conduct showed that she chose to live with the accused "despite the incompetency of the accused to marry her." The fact that the FIR was registered after the settlement between them failed, "shows that her consent was not obtained by the accused by fraud or by misconception of fact.
" The court acquitted the man while giving him benefit of doubt. The woman, a south Delhi resident, had alleged in the FIR filed before police that the man had established physical relations with her between August 2012 and February 2013 on the pretext of marriage and then fled to Mumbai after leaving her.
The accused was arrested in March last year and was charged with the offences of cheating and rape under the IPC.