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New Delhi:
Ruling {that a} promise of marriage can’t be held out as an inducement for participating in intercourse over a protracted and indefinite time frame, the Delhi High Court has dismissed an enchantment filed by a girl difficult the acquittal of an accused in a rape case observing that her relationship with the accused was consensual.
A single-judge bench of Justice Vibhu Bakhru mentioned inducement to have a bodily relationship by promising marriage and the sufferer falling prey to such inducement could also be comprehensible within the context of the second.
“A promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and indefinite period of time,” the bench mentioned in its order dated December 15.
Noting that it didn’t discover any infirmity with the conclusion given by the trial court docket, the bench mentioned a naked studying of the criticism made by the appellant in addition to her testimony clearly signifies that even in accordance with her, her relationship with the accused was consensual.
The bench additionally dominated the allegation that her consent has been vitiated on account of getting been obtained by misrepresentation, is clearly, unsustainable.
“As noted by the trial court, according to her complaint, the appellant woman has stated that she had a physical relationship with the accused in 2008 and after three or four months, thereafter, he had promised to marry her and she had eloped with him,” the bench famous.
“In view of the said statement, her allegation that her consent to engage in sexual activity with the accused, is vitiated, as the same was secured on a promise to get married, is not sustainable,” it mentioned.
The complainant had additionally alleged that she had conceived on two events, nonetheless, the accused didn’t need any youngsters and subsequently, had introduced medicines, which had led her to abort the being pregnant.
“However, in her cross-examination, she could not recollect the date or the time when such miscarriages had taken place. Concededly, there is no other evidence, which would establish that the appellant had miscarried on being administered any drugs,” the bench mentioned.
“The present appeal is also filed after an inordinate delay of six hundred and forty days. There is no credible explanation for such delay. The only explanation provided is that the accused has once again starting interfering with the complainant’s life and therefore, she seeks to revive her complaint. Clearly, the same presents no ground for condoning such delay,” it added.
The lady had challenged a trial court docket order dated March 24, 2018, whereby the accused was acquitted of the offences punishable underneath Section 417 (dishonest) and 376 (rape) of the Indian Penal Code, 1860 (IPC). She had in August 2015, filed a criticism within the Malviya Nagar police station within the matter.
(Except for the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)
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