Delhi Court Acquits Man Accused of Rape, Citing Valid Marriage

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.

Ashish Sinha

-Ashish Kumar Sinha -Editor Legally Speaking -Ram Nath Goenka awardee - 14 Years of Experience in Media - Covering Courts Since 2008

Recent Posts

KJS Cement Case: SC Refuses To Set Aside Second FIR Against Pawan Kumar Ahluwalia

The Supreme Court of India recently declined to intervene in a case involving Pawan Kumar…

16 minutes ago

Non-Compliance In 2021 Defamation Case: Former Diplomat Lakshmi Puri Moves Delhi HC Against TMC leader Saket Gokhale

Former Diplomat Lakshmi Puri on Monday has approached the Delhi High Court in relation to…

1 hour ago

Vandalism At Allu Arjun’s House: Hyderabad Court Grants Bail To 6 Accused

Six individuals, accused of vandalizing actor Allu Arjun's residence in Hyderabad's Jubilee Hills, has granted…

1 hour ago

BJP MLAs Petition Delhi HC Over Pending CAG Reports

Several Bharatiya Janata Party MLAs from Delhi have approached the Delhi High Court on Monday…

2 hours ago

Delhi HC Extends Kuldeep Singh Sengar’s Interim Bail For One Month

The Delhi High Court on Monday has extended the interim bail of Kuldeep Singh Sengar,…

2 hours ago

Supreme Court Says “Marriage Is Relationship Built On Mutual Trust, Companionship”

The Supreme Court has upheld a decision by the Madras High Court granting a divorce…

2 days ago