March 25, 2013 4:01:08 pm
A man accused of detaining and repeatedly raping his estranged wife after their divorce,has been acquitted by a Delhi court which said that the woman’s statement was not “reliable and trustworthy”.
The special fast track court freed Delhi resident Rupesh Kumar who was arrested on a complaint by his estranged wife alleging that he had obtained divorce by “playing fraud” on her and repeatedly raped her by keeping her in his house.
“It is held that the prosecution has failed to prove its case against accused Rupesh Kumar beyond any reasonable suspicion or shadow of doubt that the accused detained his wife after taking divorce from her and thereafter,continued to have sexual intercourse with her and thereby committed repeated rape on her or he threatened her not to disclose the fact of rape to anybody else least he would kill her younger brother,” Additional Sessions Judge (ASJ) T R Naval said.
According to the police,the woman had married Kumar in February 2004 and after about a year,a girl child was born but the infant died after six days after which behaviour of her in-laws changed and Kumar started beating her and obtained divorce by “playing fraud on her”.
The police alleged that despite getting divorce,Kumar kept the woman in his house and raped her and also threatened to kill her and her brother in case she disclosed the facts of divorce to anyone.
In June 2007,the woman became seriously ill and went to her parent’s house and disclosed all the facts to her brother and mother after which a case was lodged and Kumar was arrested.
During the trial,Kumar admitted that he had married the woman in February 2004 and a girl child was born but she expired after six days of her birth. Kumar told the court that the woman had filed a false case against him as she wanted to extort Rs five lakh from him.
The woman had told the court that on March 15,2007 that Kumar took her signature on documents by “deceitful means” and obtained divorce from the court after “playing fraud” on her.
The court,however,acquitted Kumar,saying testimony of the complainant as well as the prosecution witnesses were not trustworthy.
The judge also observed that the woman had not given any explanation as to why she had not filed any appeal against the decree of divorce which according to her,was obtained by Kumar through deceitful means.
“No reason or explanation has been given as to why the decree of divorce which was allegedly obtained by playing fraud was not challenged. He (brother of the woman) could not deny the suggestion that his sister appeared in the court at the time of first motion and second motion of the divorce,” the judge said.
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