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NEW DELHI: A patchy network coverage led to the filing of a rape case by a woman, who thought her partner had dumped her after establishing physical relations , a recent judgment has revealed. Both the man and the woman were preparing for UPSC examination and staying in Mukherjee Nagar.

Though a rape case was filed against the man, the complainant later changed her stance and said she was married to the accused, who applied vermilion on her forehead. It emerged before the court of fast-track judge Bimla Kumari that the period of sexual assault, as per the records, was between July and September 2017, when the woman lived in a rented house and the man frequently visited her, sharing meals.

According to her statement, the traditional custom of applying vermilion took place on July 2, 2017, following which the man left for his native place for a few days. However, when the woman called the man, she could not get through to him. Feeling cheated and fearing a possible betrayal, she approached the police.

At the police station, she met a social worker who dictated to her a written complaint. It was the woman’s claim that she had filed the case on the social worker’s advice and even volunteered to give a statement in the magisterial court.

However, the woman, while deposing before the trial court later, denied having made any rape allegations against the man. She also denied having stated that the man established physical relations with her on the pretext of marriage. Asserting that she was married to the man and not deposing falsely just to save him from a probable conviction, the woman said sex between them was consensual.

Her testimony was without any “pressure, threat, coercion or undue influence”, the court was informed. The man claimed his innocence and supported the argument of being married to her. He maintained that he was being framed. He said the physical relations were consensual as they were man and wife.

Judge Kumari observed that the woman did not support the prosecution’s theory while denying her statement’s content. “She categorically deposed that the accused had performed marriage with her on July 2, 2018, by putting sindoor (vermilion) on her forehead... I am of the considered view that prosecution has miserably failed to bring home the guilt of accused beyond reasonable doubt,” the judge said.

The man was accordingly acquitted of the charges under Section 376 (rape) of the Indian Penal Code for want of evidence and the complainant’s failure to assist the prosecution in proving his guilt.

