E-Paper
Chandigarh: Kansal man let off in rape case
Woman had alleged repeated rape on pretext of marriage; court says failure to fulfil promise doesn’t always mean promise was false
Stating that failure to fulfil a promise cannot be construed to mean the promise itself was false, a fast-track special court in Chandigarh has acquitted a man from the charge of rape on the pretext of marriage.
The court also observed that the physical relationship between the couple was “not isolated or sporadic in nature but regular over the years”, while giving relief to the man, identified as Varun Kumar of Kansal village.
The woman had alleged that she met Varun at a coaching centre in May 2013, and he made forcible physical relations with her for at least four years, and she had to undergo abortion in 2017.
After he got engaged to someone else the following month, she filed a complaint alleging that he had raped her on the pretext of marriage. On January 24, 2018, Varun was charged under Section 376 (2) (n) of the Indian Penal Code. It pertains to repeated rape of a woman and can lead to rigorous imprisonment for a term not less than 10 years and can extend up to the convict’s natural death.
Man’s parents were against marriage
During the trial, Varun said that his parents were against their inter-caste marriage, and even she was aware about it. He had to end the relationship after his parents threatened to disown him and even commit suicide, he told court.
Stating that the rape allegations were just to pressure him into marriage, Varun said the physical relations between them were neither on the pretext of marriage nor forcible but “on account of their friendship and liking for each other”.
Court questions veracity of allegations
Judge Swati Sehgal observed that the woman had alleged of being raped at a public park in Sector 22, Chandigarh, which was “highly improbable” as the park is very crowded in evenings and the complainant could not produce any documentary evidence.
The court also observed that the physical relationship that followed was not isolated, and lodging a case after four years of the alleged first incident of rape and a month after the man’s engagement raised serious doubts about the truth and veracity of the woman’s allegations.
“Failure of the accused to fulfil his promise cannot be construed to mean the promise itself was false. Woman was aware of obstacles in their relationship but still engaged in sexual relations,” the judge further said.
Acquitting the man, she observed: “The nature and manner of allegations coupled with the messages exchanged between them, marked as exhibit during the trial, make it apparent that their love for each other grew and matured over a sufficient period of time and the passion of youth ruled over their mind and emotions.”
