Thane, November 6 (Language) A court in Thane district of Maharashtra has acquitted a 46-year-old accused of raping a woman.
There was a physical relationship between the woman and the accused for about 14 years.
Thane District Judge Dr. Rachna R. Tehra said that the woman is married and has two children. He said that a woman knows very well what is good and what is bad.
The court, in its order passed on November 1, said that she maintained a relationship with the accused for about 14 years which is a very long time and it is impossible to accept that she maintained a relationship with the accused for so long because of threats.
A copy of the order was made available on Sunday. The age of the woman has not been mentioned nor has it been told where the incident took place.
The court also acquitted the mother of the accused, against whom a case was registered in this regard on various charges.
The prosecution told the court that the victim was a neighbor of the accused and knew him very well.
The victim had filed a police complaint against the accused on October 24, 2013, stating that the woman was married in 1992.
The woman had alleged that the accused called her home on the pretext that her mother was ill and when she went to his house, she found the accused’s mother healthy.
The prosecution told the court that the accused gave an intoxicating beverage to the woman, after drinking which she became unconscious and when she regained consciousness, she was feeling discomfort and pain.
She said that after a few days, the accused again called the woman and threatened that if she did not have physical relations with him, he would share her obscene pictures on the internet and kill her children, after which the woman refused due to fear. Had physical relations with the accused.
“These things show that there is not one but multiple contradictions between the prosecution’s statement recorded under Section 161 of the Code of Criminal Procedure and the statement recorded before the court during the trial,” the judge said.
Additionally, there was a delay of 14 years in filing the FIR which casts deep doubts on the prosecution’s case, the court said.
She said that the prosecution has said that the accused had threatened her of sharing obscene pictures or videos, but these pictures or videos were not produced before the court.
The court said that there is also no evidence on record to prove that any anesthetic or any intoxicant was given to the victim.
He said that there is no dispute that delay in filing FIR on rape charges does not ordinarily prejudice the case of the prosecution but in the present case the prosecution’s statement is not credible and in view of the circumstances of the case The delay is also a reason for the acquittal of the accused.
Language Simmi Manisha