New Delhi: In an exceptional judgement, a city court on Wednesday acquitted a man, accused of raping his step-daughter last year after the girl claimed that she had consented to the relationship.
Fifty-year-old Mohan was absolved of all charges under Section 376 (rape) of the IPC after the girl refuted her statements made earlier before the magistrate. The court went by the testimony of the girl and contended that it was made under the societal pressure.
"Since the star witness of the prosecution (girl) has not supported the case and no other incriminating evidence has come on record, the court is left with no option but to acquit Mohan (name changed) of the offence," Additional Sessions Judge R K Yadav was quoted as saying by news agencies.
According to the court, the girl feared the society disapproved of incestuous relationships but was forced to lodged the complaint after that she bacame pregnant. The girl maintained that she was always a “consenting party” to the relationship.
However, the court also observed that the girl had refused to support the claims made by her in the FIR keeping her mother’s emotions in mind.
Taking a liberal view, the court refused to slap perjury charges on the 20-year-old girl and said "considering that she is married now, the charge of perjury would ruin her matrimonial home which the court does not deem fit in the given circumstances."
According to the prosecution, the girl was repeatedly raped by Mohan last year and he was arrested on July 14 with registration of an FIR against him at Krishna Nagar Police Station in East Delhi here.
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