A Delhi court recently acquitted Gaurav Malik, who was accused of raping a woman, after considering the validity of their marriage, despite the lack of supporting documents. Additional Sessions Judge Jagmohan Singh acquitted the accused of all charges, stating that the prosecution failed to prove the case beyond reasonable doubt. The court noted that the prosecutrix had alleged rape but also acknowledged that she and the accused underwent the ‘Saptpadi’ ceremony, indicating a valid Hindu marriage.
According to the court, the prosecutrix and the accused were Hindus, and the photographs of the marriage ceremony confirmed the ‘Saptpadi’ ceremony. The judge referred to Section 7 (2) of the Hindu Marriage Act, which deems the marriage complete and valid upon the completion of the seventh round around the holy fire during the ‘Saptpadi’ ceremony. The court found that the prosecutrix and the accused had undergone the ‘Saptpadi’ ceremony on July 21, 2014, and no evidence suggested the accused was already married at the time. Therefore, the accused, being the legally wedded husband of the prosecutrix, was covered under ‘Exception 2’ to Section 375 IPC, leading to his acquittal on the rape charge.
The court highlighted that the prosecutrix and the Trustee of Arya Samaj temple had misconceptions about the requirement for a so-called marriage certificate to validate the marriage. The case of rape and theft was registered in South Rohini police station in 2015. The prosecutrix claimed that the accused approached her, expressed love, and proposed marriage, offering moral support during her difficult time following a divorce. She alleged that they married at Arya Samaj Mandir, and when she asked for the marriage certificate, the accused claimed she didn’t trust him. He also stated that his family disapproved of their marriage and threatened them.
