A Delhi court has acquitted a 29-year-old man of rape charges, holding that the alleged rape victim was a consenting party.
Additional Sessions Judge (ASJ) H S Sharma acquitted Mukesh Rayzada, a resident of Timarpur in North Delhi and said, "From the perusal of record, it was reflected that the victim (20-year-old woman) was a consenting party in the case. Since she was a major on the date of commission of offence, so her consent was decisive."
"She could have mustered courage to say all these facts even after the date of offence, but she did not do so. So it substantiated the fact that she was a consenting party. I am thereby acquitting Mukesh Rayzada of all charges," it said. The court acquitted Rayzada of the offences of rape, kidnapping a woman to compel her to marry and confining a person.
The prosecution had alleged that Neelima Rayzada's wife used to run a clinic in Timarpur area and the victim used to visit her clinic to learn nursing techniques. Rayzada allegedly befriended the victim and told her that he wanted to marry her, it said.
On July 28, 2006, Rayzada enticed the girl into marrying him, knowing the fact that she would be in an illegal relationship. He also kidnapped her and took her to Mumbai, where he raped her for three months, the prosecution alleged.