New Delhi: The Delhi High Court has acquitted a man, who was jailed for 10 years by a trial court for raping a woman in 2011, observing that she was in a live-in relationship with him and her statement regarding the alleged incident was suffering from "serious infirmities".
The court set aside the order passed by the trial court in 2013 in which it had convicted the man for alleged offences under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code and had awarded him a 10-year jail along with a fine of Rs 15,000.
"From the above documents (referred in the judgement), which have not been considered in right perspective by trial court, it is clear that the prosecutrix (woman), who had been living alone away from her husband in Delhi, was in live-in relationship with the appellant (man)," Justice Pratibha Rani said.
According to the police, an FIR was lodged on the basis of woman's statement in which she had alleged that the incident took place on the intervening night of January 13-14, 2011, when she was alone at her house and was mourning the death of her daughter who had expired a few days back.
The accused had denied the allegations levelled against him and during arguments on the appeal, his counsel said that the woman was in a live-in relationship with his client.
Opposing the appeal, the police had argued that the man had committed the crime when the woman was alone in her house. In its verdict, the High Court noted that the woman had changed her version at every stage and the man was well known to her.
The court set aside the order passed by the trial court in 2013 in which it had convicted the man for alleged offences under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code and had awarded him a 10-year jail along with a fine of Rs 15,000.
"From the above documents (referred in the judgement), which have not been considered in right perspective by trial court, it is clear that the prosecutrix (woman), who had been living alone away from her husband in Delhi, was in live-in relationship with the appellant (man)," Justice Pratibha Rani said.
According to the police, an FIR was lodged on the basis of woman's statement in which she had alleged that the incident took place on the intervening night of January 13-14, 2011, when she was alone at her house and was mourning the death of her daughter who had expired a few days back.
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The accused had denied the allegations levelled against him and during arguments on the appeal, his counsel said that the woman was in a live-in relationship with his client.
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Opposing the appeal, the police had argued that the man had committed the crime when the woman was alone in her house. In its verdict, the High Court noted that the woman had changed her version at every stage and the man was well known to her.
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