Court acquits man on rape charges filed by a married woman
The victim also had told court that she had gone with the accused in the hotel room and submitted her identity proof, signed the hotel register.
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The Assistant Public Prosecutor N K Golwala said that we will go through the order in detail and will later decide our future course of actions. (Representational Image)Surat District Court had on Thursday acquitted a man who was charged with committing rape on the victim woman mother of two children at different places in surat city during time period of over two years. The court order says, “The victim mother of two children voluntarily went to hotel with accused submitted her identity proof, signed the hotel register, later went into the room, where she clicked her half nude photos of herself and also with accused and sent it to the accused on his mobile, this shows her consent. Even after the incident, she continued contacting the accused on his phone.”
The complainant is 28 year-old married woman of Surat, who had lodged complaint of rape with Katargam police station in Surat on 2nd February 2021, had alleged that the accused who is known to her before her marriage as he was neighbour, had taken her to private hotel on September 2019, where he drugged her with some psychotropic substance in a cold drinks and later. Later accused took her hude photos inside the room.
Before going to the hotel, she was drugged with some psychotropic substance mixed in the cold drinks. She further alleged that the accused had threatened her of putting the photos viral on social media and also will kill her husband and her daughters. The accused later raped her multiple times at different places, by threatening her to viral her photos.
Acting on the complaint, the accused Daxesh Dinesh Mistry (then 28 years old) was arrested by Katargam police on next day of the complaint. The accused was charged under different IPC Act sections 376(2)(n), 204, 328, 504, 506(2) and IT Act 66©, 67, 72. As per the complaint the rape was committed on the victim woman starting from September 2019 to 7th January 2021 at different places and on different time.
Police had filed chargesheet on 3rd April 2021 with SUrat district court against accused showing 15 witnesses and 18 documentary evidences. The charges were framed against the accsued on 28th June 2022. The accused runs auto garage.
From prosecution side Assistant Public Prosecutor N K Golwala put his side on the case and statements of the victim while Advocate P T Rana remained present as defense lawyer and argued on the allegations levelled.
The case trial began in In the court of 12th Additional Session Judge of A M Dave. On 31st the judge had passed order saying, “The court had observed prosecution has gone failed to prove the charges of IPC Act Sections 376(2)(n), 204, 328, 504, 506(2) and IT Act 66©, 67, 72 against the accused. The accused had been acquitted among all the charges levelled on him.” On Tuesday the acquittal order was put online.
The order further adds, “Considering the statement by victim in her cross-examination, it transpires to this Court that the victim’s story of the accused had administered her cold drink so as to commit and offence and thereby taken her to hotel room when she was at the stage of semi-unconscious and he committed sexual intercourse without her consent and against her will cannot be found to be even probable and it clearly found to be incredible and the victim is found to be non-reliable witness. It is pertinent to note here that the victim is married lady and having children voluntarily had gone with accused along with her children to picnic and to watch movie alone with the accused at other times after rape committed on her. The victim admitted in her cross-examination that they had voluntarily visited various places and went to hotel.”
The order further adds, “Considering, the entire material on record, it clearly transpires to this Court that there is total absence of having sexual intercourse against the will and consent of the victim. So, in view of the cumulative effect of the deposition of the victim and Medical Officers, it cannot be said that the victim was having sexual intercourse with the accused against her will and consent.
And the sexual intercourse had taken place between accused and victim appears to be done voluntarily and with the consent of the victim.
The victim also had told court that she had gone with the accused in the hotel room and submitted her identity proof, signed the hotel register.
Later she went inside the room, took her photographs partial nude and later sent it to the accused on his mobile phone. This shows that she was well aware of what she was doing and her will was clearly established.”
The defense lawyer P T Rana said, “From the day one we were of the opinion that our client (accused ) is innocent and the physical relationship developed between him and victim are with their own consent. The accused is unmarried and friend of victim even before and after her marriage. We have also shared details of whatsapp chatting and photographs of accused with the children of victim going out on picnic at number of times. There was no resistance shown by complainant. Even after the incident accused did not viral such obscene photographs of her to anybody. The court had considered our points and acquitted the accused from all charges.”
The Assistant Public Prosecutor N K Golwala said that we will go through the order in detail and will later decide our future course of actions.
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