A court in Maharashtra’s Thane district has acquitted a 46-year-old man who was accused of raping a woman with whom he had been in a relationship for nearly 14 years.
Thane Sessions Judge Dr. Rachna R Tehra stated that the woman, who is married and has two children, possesses a clear understanding of right and wrong. The extensive duration of her relationship with the accused over 14 years makes it highly implausible to accept that she engaged in physical relations with him due to threats, the court stated.
The court also acquitted the man’s mother, who faced multiple charges in connection with the case.
According to the prosecution, the victim was a neighbor of the accused and was well-acquainted with him. On October 24, 2013, the victim lodged a police complaint against the accused.
The woman claimed to have married in 1992. She alleged that the accused had lured her to his house on the pretext that his mother was unwell. When she arrived at his home, she found his mother in good health. Subsequently, the accused provided her with an intoxicating drink, after which she lost consciousness.
Upon regaining consciousness, the woman experienced discomfort and pain, and noticed kiss marks on her chest, as per the prosecution’s account. She found herself locked inside the house when she attempted to leave, but the accused’s mother eventually unlocked the door, allowing the victim to exit.
A few days later, the accused allegedly threatened the victim, coercing her into engaging in physical relations by threatening to disseminate obscene pictures of her and harm her children.
The judge’s order highlighted substantial contradictions between the statements of the prosecutrix recorded under Section 161 of the Code of Criminal Procedure and those given during the trial. These contradictions were deemed to be material improvements, rendering them unreliable.
Moreover, the nearly 14-year delay in filing the current FIR cast significant doubt on the prosecutrix’s case. The court acknowledged that while delay is not inherently fatal to a prosecution’s case in rape allegations, the specific delay in this instance remains unexplained and, therefore, affects the credibility of the prosecutrix’s evidence.
The prosecution’s failure to present the alleged obscene photographs or videos, as well as the absence of evidence to support the administration of any stupefying or intoxicating substances, was noted.
The court concluded that the prosecution had not succeeded in proving that the accused had committed rape, prepared lascivious and obscene materials, or engaged in criminal intimidation by threatening to make the victim’s obscene photographs go viral.
The cumulative assessment of the evidence led the court to reject the prosecutrix’s statement, leading to the prosecution’s failure to substantiate the charges against the accused.
