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Monday, June 25, 2018

Delhi: Woman says sex consensual,man freed of rape charge

A Delhi court has acquitted a man,accused of raping his 23-year-old tenant,after she confessed that she had consented to the sexual act,and had deposed falsely under police pressure.

Written by Express News Service | New Delhi | Published: March 28, 2012 2:19:33 am

A Delhi court has acquitted a man,accused of raping his 23-year-old tenant,after she confessed that she had consented to the sexual act,and had deposed falsely under police pressure.

Additional Sessions Judge,Mahesh Chander Gupta acquitted Delhi resident Shambhu Nath Mandal of the rape charges on the woman’s admission that her earlier deposition had been made only after police threatened to put her in jail if she retracted the charges.

“It is correct that on the last date I had made the statement under influence of police,as I was told outside the court that if the statement is not made by me as per the wish of police,I will be sent to jail,” she told the court.

The judge,therefore,noted that whatever physical relationship existed between the two was with her own consent,and no forceful sexual act was committed.

“In the circumstances,as per the testimony of the woman aged about 23 years,an act of sexual intercourse was performed on April 7,2011 by accused Mandal with her,with her own free consent,and therefore,the act of sexual intercourse by him with the woman is not covered within the mischief of Section 375 (rape) of the IPC,” the judge said.

According to the prosecution,Mandal had gone to the woman’s room on April 7,2011,on the pretext of repairing her ceiling fan,and then sent her to his house to bring a screw driver. When she went to his house,he allegedly went after her and raped her.

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