PANAJI
The Fast Track Special Court, POCSO, acquitted a 25-year-old man, accused of raping a woman on the false promise of marriage, ruling that prosecutors failed to establish that her consent was obtained through deception because she was already legally married and aware that she could not lawfully remarry without first obtaining a divorce.
In a 30-page judgement delivered on Saturday, Presiding Officer Pooja Kavlekar acquitted Atahar Khan of charges under Sections 376 (rape), 420 (cheating) and 380 (theft) of the Indian Penal Code.
During the hearing, the prosecution alleged that the accused had entered into a relationship with the complainant after promising to marry her, had sexual relations with her over an extended period and later left with her gold ornaments and household articles.
The court, however, held that the complainant’s own testimony undermined the prosecution’s central argument. During cross-examination, she acknowledged that her first marriage had never been dissolved and that she had also entered into another relationship while still legally married. Those admissions, the court said, made it difficult to sustain the claim that she consented to the relationship solely because the accused promised marriage.
Relying on a recent Supreme Court ruling, the court observed that a woman who is aware of the legal impediment to remarriage cannot simultaneously claim that she was induced into a physical relationship by a promise of marriage.
“The victim therefore was well aware of her own impediment in performing marriage; therefore it cannot lie in her mouth that the accused promised her marriage and believing the same she decided to maintain sexual relations with the accused. As rightly pointed out by the Counsel for the accused, if the accused decides to honour his promise even today, it is the victim who would be under impediment. Therefore, the allegation of promise to marry is not well founded,” reads the order.
The judgment also found significant inconsistencies in the complainant’s evidence. The omission, the court said, remained unexplained and weakened the prosecution’s case on rape.
On the theft allegation, the court said the prosecution failed to establish ownership of the articles allegedly taken or recover the missing property. Although a rickshaw driver testified that he had transported household goods for the accused, there was no conclusive evidence that the items belonged to the complainant, while key witnesses, including her daughters, were not examined.
“There is no material brought on record to hold that the consent of the victim was obtained deceptively by the accused by making a false promise of marriage... Thus the charge under Section 376 of IPC cannot be sustained,” it said while acquitting the accused of the offences.
