PTI | Aug 12, 2011, 09.17PM IST
NEW DELHI: A youth facing trial on charges of raping a girl has been let off after the alleged victim told the court that she was having an affair with him and the two were now "happily married".
"It is admitted by the girl as well as her parents that there was an affair between her and the accused. She was more than 18 years at the time of incident and wanted to marry him. She had gone to him willingly ," additional sessions judge Mamta Tayal said, acquitting the accused.
At the time of the alleged incident, accused Suman Kumar and the 18-year-old girl were living on different floors of the same building and she had gone to his house with her own free will, as per the girl's statement in the court.
"The girl being major was legally capable of giving consent to have consensual physical relation with the accused. Her parents also clarified that they were not aware of their daughter's affair at that time and the possibility of lodging of the FIR under some misconception cannot be ruled out," the court said.
It said that his view was fortified by the fact that the girl and Kumar were married now.
A resident of Kapashera village, Kumar allegedly raped the girl twice after calling her to his room on November 11, 2010 and had threatened her not to tell anyone about the incident.
The girl, who had told her parents and police that Kumar raped her, later retracted her statement saying she was only called by him in his room but was not raped or threatened.
While submitting their marriage certificate in the court, she admitted she was in love with Kumar and is happily married to him.
"It is admitted by the girl as well as her parents that there was an affair between her and the accused. She was more than 18 years at the time of incident and wanted to marry him. She had gone to him willingly ," additional sessions judge Mamta Tayal said, acquitting the accused.
At the time of the alleged incident, accused Suman Kumar and the 18-year-old girl were living on different floors of the same building and she had gone to his house with her own free will, as per the girl's statement in the court.
"The girl being major was legally capable of giving consent to have consensual physical relation with the accused. Her parents also clarified that they were not aware of their daughter's affair at that time and the possibility of lodging of the FIR under some misconception cannot be ruled out," the court said.
It said that his view was fortified by the fact that the girl and Kumar were married now.
A resident of Kapashera village, Kumar allegedly raped the girl twice after calling her to his room on November 11, 2010 and had threatened her not to tell anyone about the incident.
The girl, who had told her parents and police that Kumar raped her, later retracted her statement saying she was only called by him in his room but was not raped or threatened.
While submitting their marriage certificate in the court, she admitted she was in love with Kumar and is happily married to him.
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