No rape: Man acquitted as Delhi HC finds woman died of intoxication, not forceful sex

“It is proved beyond reasonable doubt from the post-mortem report that the deceased had consumed alcohol and was subjected to sexual intercourse. Achey Lal, even if held guilty for causing the offence of Section 376 IPC, cannot be held guilty for offence under Section 302 IPC as he neither had any intention nor knowledge that such a forceful act of sexual intercourse would cause the death of the deceased,” said the court.

“We find force in the contention of the counsel for the appellant (Achey) that even if the sexual intercourse was forceful, it was not forcible and contrary to the wishes and consent of the deceased. Hence, we are of the opinion that it has not been proved beyond reasonable doubt that the appellant committed sexual intercourse with the deceased contrary to her wishes or her consent. Consequently, he is also acquitted of the rape charge,” the bench said.

The trial court had in 2011 awarded rigorous life term to Achey Lal and also imposed a fine of Rs 10,000 on him saying, “he committed forceful sexual intercourse upon a lady older than his age whom he used to call his mother”.

According to the prosecution, the woman, who was working as a domestic help in houses in Majnu Ka Tila locality in north-Delhi, was found dead at her residence in December 2010 and one empty bottle of whisky was found near her body.