New Delhi [India], January 8 : A Delhi court has discharged a man of rape allegations. While discharging the accused, the court noted that the complainant was in a sexual relationship with the accused despite the knowledge of his marriage.
The complainant woman had alleged that the accused had a sexual relationship with her on the pretext of marriage and had obtained a divorce from his wife. She was also in contact with the Accused's wife and other family members. The accused has a child from the wedlock.
The Delhi Police registered a case at the Timarpur Police Station in 2025.
Additional Sessions Judge (ASJ) Priyanka Bhagat refused to frame charges against the accused Mohit and discharged him of rape allegations.
"It is improbable that the prosecutrix had once again engaged in a physical relationship with the accused only on account of assurance of marriage, merely on the representation of the accused that he had obtained the divorce," ASJ Priyanka Bhagat said in the order of discharge.
The court also said that, considering that the prosecutrix had already lodged an FIR in November 2023, regarding the offence of stalking against the accused, and without verifying the factum of divorce, although she was well connected to the family of the Accused.
Advocate Perdeep Nagar appeared for accused Mohit and argued that no offence of rape as alleged by the prosecution is made out against the accused, as the accused and prosecutrix were in a consensual and long-standing relationship from the year 2017.
He further argued that prima facie it cannot be established from the material placed on record that the prosecutrix had sexual intercourse with the accused under a misconception of fact that the accused would marry the prosecutrix, as the prosecutrix was already married and her said marriage was subsisting on the day when she entered into a physical relationship with the accused.
It was further argued that during the course of their relationship, the accused married in 2020 and has one child from that marriage. However, no objection was raised by the prosecutrix at the time of the marriage of the accused with some other girl, which further manifests that the physical relations between the accused and the prosecutrix were consensual and not on the pretext of a promise of marriage.
Prosecutrix has already registered one FIR 09.09.2023, and in the said FIR, there are no allegations of rape. Further, he argued that even after the FIR was registered, the prosecutrix continued to have physical relations with the accused until August 2024.