Observing that the couple were in the prime of their youth and had a consensual intimate relation in “youthful eagerness”, a Delhi court acquitted the man accused of raping a woman on false pretext of marriage.
While acquitting Vikul Bakshi, a resident of Haryana, Additional Sessions Judge Virendra Bhatt said the prosecution failed to prove charges against the accused and the victim’s statements were “contradictory and inconsistent”.
“It appears that the two, being in the prime of their youth, were having sexual relations with each other in youthful eagerness and nothing else,” the court said.
“There is no evidence on record to suggest that the prosecutrix had given her consent to physical relations with the accused solely on the latter’s promise to marry her or that he was having knowledge that she consented to physical relations with him only on promise to marry her,” it further added.
The judge said the consent of the victim to establish physical relations with the accused appears to be voluntary and uninfluenced by any promise or assurance.
According to prosecution, the woman had lodged a case against Vikul under sections 376 (rape) and 506 (criminal intimidation) of IPC alleging that the accused forced upon her twice against her consent on false pretext of marriage and threatened to defame her if she insisted upon marrying her.
However, relying on the messages exchanged between them on social networking sites, the court said it “clearly indicates that the prosecutrix herself was eager to have sexual relation with the accused and she was not doing so on any promise of marriage with him.”
The court said the perusal of these messages show that these are not normal routine messages and the woman and the accused have been discussing the manner in which they would enjoy the
intimate act.