The court said it could not be considered a case of rape as she was "wife of the accused on that day".
A Delhi court has acquitted a man of rape charges saying the offence cannot be made out as the woman was married to him when he forced her to be physical with him.
Additional Sessions Judge Umed Singh Grewal observed that the woman accused the man of allegedly raping her on July 5, 2016, but it could not be considered a case of rape as she was "wife of the accused on that day".
"It becomes clear that the victim had married with the accused on or before 02.11.2015. As per her own cross-examination... she was raped by the accused after July 5, 2016 but she was wife of the accused on that day," the court observed, while acquitting the man.
The woman was living with the man in Punjab when she came to know that he was convicted and jailed on charges of theft. She then moved to Delhi without informing him.
The man, who later followed her to Delhi, convinced her that he will mend his ways and the couple started living together again, after which he allegedly stole Rs 2 lakh from her. The woman then refused to stay with him.
He was arrested by the police based on her complaint. But, when he was out of jail, he kept visiting her house and forced her to be physical, the woman had alleged.
The court observed that physical relationship between the couple was with her consent when they were in Punjab and for some period in Delhi, and it was only after the robbery of Rs 2 lakh that the accused had a non-consensual sexual relationship with her.
"When the accused established physical relation with the victim forcibly, she was his wife and hence, rape case is not made out," the court said.