The judge said the consent of the victim to establish physical relations with the accused appears to be voluntary and uninfluenced by any promise or assurance.
A Delhi court has acquitted a man of the charges of raping a woman on false pretext of marriage observing that the two, being in the prime of their youth, had consensual intimate relations in "youthful eagerness".
Additional Sessions Judge Virender Bhatt, while acquitting Haryana resident Vikul Bakshi on the basis of the victim's "contradictory and inconsistent" statements, said the prosecution failed to prove charges against the accused.
"It appears that the two, being in the prime of their youth, were having sexual relations with each other in youthful eagerness and nothing else," the court said.
It further said, "There is no evidence on record to suggest that the prosecutrix had given her consent to physical relations with the accused solely on the latter's promise to marry her or that he was having knowledge that she consented to physical relations with him only on promise to marry her."
The judge said the consent of the victim to establish physical relations with the accused appears to be voluntary and uninfluenced by any promise or assurance.
According to prosecution, the woman had lodged a case against Vikul Bakshi under sections 376 (rape) and 506 (criminal intimidation) of Indian Penal Code alleging that the accused forced upon her twice against her consent on false pretext of marriage and threatened to defame her if she insisted upon marrying her.
However, relying on the messages exchanged between them on social networking sites, the court said it "clearly indicates that the prosecutrix herself was eager to have sexual relation with the accused and she was not doing so on any promise of marriage with him."
The court said the perusal of these messages show that these are not normal routine messages and the woman and the accused have been discussing the manner in which they would enjoy the intimate act.
"Hence these messages demonstrate that the prosecutrix was a consenting partner to physical relations with the accused and she herself had been eager to enjoy sex with him and the plan to have sexual encounter December 11, 2014 had been made well in advance and it was not spontaneous," it said.