IN THE COURT OF SH. VIRENDER BHAT, A.S.J.

(SPECIAL
FAST TRACK COURT), DWARKA COURTS, NEW DELHI.
SC No.1/14.
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JUD31ENT
1. The above named accused has been facing trial for
having committed the offences punishable u/s.366/376/377/328
IP.
2. It is the case of the prosecution that the prosecutri!
namel" #$ %real name &ithheld in order to conceal her identit"' had
sent a t"ped complaint to the ()*+ P.(. ,aba )aridas -agar+
through speed post+ &hich &as received in the police station on
.7.1..2.13. The prosecutri! has mentioned in the said complaint
that she had come in contact &ith the accused &hile &or/ing &ith
a coaching centre run b" 0ll India (e&a (angh and the" developed
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relations bet&een themselves. *ne da"+ the accused along&ith his
father administered to her into!icant mi!ed in cold drin/+ too/ her
to the office of 1egistrar of 2arriages at 3ha4iabad and got the
marriage related documents signed b" her. $ater on accused
committed rape upon her and left her &ith the threat that in case
she disclosed the same to an"bod"+ the" &ould not spare her as
&ell as her relations. 5ue to the said threat+ she did not narrate
the incident to an"bod" at home. The accused refused to ta/e her
to his home and again repeated the aforesaid threat to her on
26.6.2.13. (he has also mentioned in the complaint that accused
had done unnatural se! too &ith her on the ne!t da" as &ell as
thereafter on various occasions. 0ccused has been ta/ing her nude
photographs and used to blac/mail her regarding those.
3. It is on the basis of the aforesaid complaint of the
prosecutri! that the 7I1 &as registered and the investigation &as
entrusted to 0(I (avita+ &ho got the prosecutri! medicall"
e!amined in 1T12 )ospital+ 8affarpur+ vide 2$ -o.967:/13. (he
sei4ed the sealed e!hibits given to her b" the doctor. (he
produced the prosecutri! before the concerned 2.2. on
16.1..2.13+ &ho recorded her statement u/s.16: r.P. The
prosecutri! &as got counselled from an official of -3*. 0ccused
came to be arrested on 26.1..2.13 from his residence at
3ha4iabad and &as got medicall" e!amined at 1T12 )ospital vide
2$ -o.2837/13. )is samples obtained b" the doctor &ere sei4ed
b" the I* in sealed condition. 0ll the e!hibits &ere later on sent to
7($ for forensic e!amination.
:. 0fter completion of the investigation+ harge (heet
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&as prepared b" the I* and laid before the concerned $d.
2agistrate+ &ho then committed the case to the court of (essions
for trial. In the (essions ourt+ charges u/s.328 IP+ u/s.366 IP+
376 IP+ u/s.377 IP against the accused on 16.1.2.1:. The
accused denied the charges and accordingl" prosecution &as
called upon to lead its evidence.
9. The prosecution has e!amined 12 &itnesses to prove
the charges against the accused. 0ccused &as e!amined u/s.313
r.P on 16.:.2.1: &herein he denied the prosecution case and
claimed innocence. )e further stated that the marriage bet&een
him and the prosecutri! &as solemni4ed on .2.2.2.11 at her
parental house in presence of her mother but his parents &ere
against the said marriage. 0fter marriage+ he too/ the prosecutri!
to his house at 3ha4iabad+ &here she sta"ed for : ; 9 da"s and
thereafter he again brought her to her parental house. )e used to
visit the parental house of the prosecutri! at 5elhi to meet her.
<pon insistence of the prosecutri!+ the" decided to get their
marriage registered and accordingl" the" met at 5&ar/a 2ore
2etro (tation on .:.3.3.13+ &ent to 3ha4iabad court and got their
marriage registered. 7rom the court+ he too/ her to his house
&here she sta"ed &ith him for 8 da"s. Thereafter+ she returned to
her parental house to complete her course &hich she &as
undergoing. Thereafter he came to ta/e her bac/ but her brother
demanded 1s.6.+.../= from him+ &hich he refused to pa". )e
made a call to the prosecutri! to as/ her &hether she &ants to
sta" &ith him and she replied in affirmative. 0ccordingl"+ he too/
the prosecutri! from her parental house in the month of
(eptember+ 2.13. *n 23.6.2.13+ prosecutri! as/ed him to tell
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0n>u+ his sister+ to transfer her house in his name and &hen he
e!pressed his inabilit" to do so+ he &as framed in this case. The
accused has ho&ever+ chosen not to lead an" evidence in defence.
6. I have heard $d. 0PP for (tate+ $d. ounsel for the
accused and have perused the entire material on record.
7. It is the case of the prosecution that the accused and
his father had ta/en the prosecutri! to 3ha4iabad ourt deceitfull"
after administering some into!icants to her mi!ed in cold drin/
&here she &as made to sign some marriage related documents
and later on the accused committed rape upon her at his house.
8. The prosecutri! has not stated in the 7I1 &hat effect
did the into!icant substance have upon her &hich &as given to her
b" the accused and his father in the cold drin/. (he does not sa"
&hether she &as conscious &hile signing the marriage related
documents or &as in an" /ind of into!icated state. In the
statement u/s.16: r.P ?!.P@1/,+ she has stated that after
consuming the cold drin/ offered to her b" the accused and his
father at 5&ar/a 2ore+ she lost her senses. (he became fro4en
and &as not in conscious state. @hen she regained consciousness+
she found herself in 3ha4iabad court and b" that time+ accused#s
father &as not there and she came to /no& that her marriage has
been solemni4ed &ith the accused.
6. In her testimon" before this court as P@1+ the
prosecutri! has deposed that on .:.3.2.13+ the accused gave a
call to her on her mobile phone no.62136128:3 sa"ing that there
SC No.1/14. Page 4 of 11
is a vacanc" in 8ana/puri and if she is interested+ she should
accompan" him to that place. (he replied that she is interested in
said >ob. Thereafter+ accused along&ith his father came to her
office and too/ her upto 5&ar/a 2ore in a bus. <pon coming out of
the bus at 5&ar/a 2ore+ the" offered a cold drin/ to her &hich
the" had purchased from the cold drin/ shop and on consuming
&hich she lost consciousness. )o&ever+ she did not become totall"
unconscious. (he could visuali4e slightl" &hatever &as happening.
7rom 5&ar/a 2ore+ the" too/ her in 2etro Train to the court at
3ha4iabad and on the &a"+ the accused told her that in case+ she
did not marr" him+ he &ill die. In 3ha4iabad court+ the accused
too/ her signature on certain papers+ upon &hich something &as
&ritten but she could not reach that court. (he regained full
consciousness in 3ha4iabad court premises and the accused told
her that he has solemni4ed court marriage &ith her. Thereafter+
accused too/ her to his house in 3ha4iabad and committed
forcible se!ual intercourse &ith her sa"ing that the" are no&
husband and &ife.
1.. It is thus evident that the testimon" of the prosecutri!
is not consistent &ith her statements recorded during the course
of investigation. In the 7I1+ she does not sa" &hether she &as
conscious or unconscious &hen she signed the marriage related
documents in 3ha4iabad court. In her statement u/s.16: r.P
?!.P@1/,+ she states that she had become unconscious after
consuming the cold drin/ and regained consciousness in
3ha4iabad court &here she came to /no& that her marriage has
been solemni4ed &ith the accused. 0s per her deposition before
this court+ she &as conscious to a large e!tent even after
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consuming the cold drin/ and could see &hat &as happening
around her and also could listen &hat accused &as telling her.
2oreover+ her testimon" also suffers from improvements and
embellishments. (he has stated neither in the 7I1 nor in her
statement u/s.16: r.P ?!.P@1/, that she &as ta/en b" the
accused and his father from the office on the date of incident for
providing her a >ob at 8ana/puri or that she had received a call
from the mobile phone of the accused sa"ing that there is a
vacanc" in 8ana/puri.
11. It ma" also be noted here that the prosecutri! in her
cross e!amination has deposed that the" got do&n from the 2etro
train at Aaishali 2etro (tation and from there+ the" too/ a bus
upto 3ha4iabad court. The" boarded the bus belo& the 2etro
station and it too/ them half an hour to reach 3ha4iabad court.
The" reached 3hai4abad court at about 12 noon or 1 p.m. The
accused had ta/en out her identit" card from her bag and got the
same photocopied in 3ha4iabad court. The" remained in
3ha4iabad court till 1.3. p.m. 7rom these ans&ers of the
prosecutri! to the Buestions put to her in cross e!amination+ it is
ver" difficult to believe that she &as not in full consciousness
during her travel from 5&ar/a 2ore 2etro (tation upto 3ha4iabad
court and during the time+ she &as present in 3ha4iabad court
along&ith the accused. (he remembers all the minute details of
her travel from 5&ar/a 2ore to 3ha4iabad court and has been
able to tell &hat had happened at 3ha4iabad court.
12. (he has also deposed in the cross e!amination that
she &as semi conscious &hen she appeared before the 1egistrar
SC No.1/14. Page 6 of 11
of 2arriages in 3ha4iabad court but she did not tell the 1egistrar
that she has been brought there b" deception and that she is not
full" conscious. Therefore+ she /no&s even this fact that she had
been produced before the 1egistrar of 2arriages in 3ha4iabad
court. (he admitted her signature on the documents captioned as
C)indu Aivah (ans/ar PatraD ?!.P@1/3 and photocop" of her I.
ard ?!.P@1/). (he also admitted that she is seen in the
photograph ?!.P@1/I along&ith the accused+ &hich bears her
signature at point a and &hich &as clic/ed in 3ha4iabad court
before solemni4ation of marriage. (he also stated that before the
said photograph &as ta/en+ she had put a garland around the nec/
of the accused and accused had put a garland around her nec/.
(he also admitted her signature on the cop" of an application for
registration of marriage ?!.P@1/8 and stated that it also bears her
photograph &hich &as ta/en in 3ha4iabad court on the same da"
i.e. .:.3.2.13. (he also admitted her signature on the affidavit
?!.P@2/? and stated that it &as got prepared b" the accused in
3ha4iabad court.
13. It is clear from the aforementioned testimon" of the
prosecutri! that she &as full" conscious and &as full" a&are of
&hatever too/ place in 3ha4iabad court. There is no indication
from her testimon" that she had signed the aforementioned
documents in unconscious or into!icated state or that she did not
/no& the nature of these documents and the purpose for &hich
these &ere prepared. The prosecutri! has also admitted in her
cross e!amination that the accused has filed a petition u/s.6 of
)indu 2arriage 0ct against her in 3ha4iabad court and she had
engaged a la&"er to defend her in that petition. (he also deposed
SC No.1/14. Page 7 of 11
that in the repl" filed b" her to the said petition+ she has stated
that she does not &ant to go and sta" &ith the accused. (he has
not stated in the repl" that she had not given consent for her
marriage &ith the accused and the marriage &as solemni4ed
under the influence of into!ication.
1:. The 1egistration ler/ from the office of (ub 1egistrar+
3ha4iabad+ <.P.+ has appeared as P@2 and has proved all the
documents+ &hich the accused and the prosecutri! had submitted
for the registration of their marriage. )e had brought originals of
these along&ith him. )e proved the application for registration of
marriage submitted b" the accused and the prosecutri! on
.:.3.2.13 as ?!.P@1/8+ photocop" of 2ar/sheet of Eth class of the
prosecutri! as ?!.P@2/0+ photocop" of school leaving certificate of
the accused as ?!.P@2/,+ the ?lection I. ard as ?!.P@2/+
?lection I. ard of the prosecutri! as ?!.P@1/)+ marriage
photograph of the parties as ?!.P@1/I+ marriage certificate as
?!.P@2/5+ )indu Aivah (ans/ar Patra as ?!.P@1/3 and >oint
affidavit submitted b" the parties as ?!.P@1/?. )e further deposed
that after completion of the formalities+ their office issued
marriage certificate to the parties+ &hich he proved as ?!.P@1/.
19. The testimon" of the &itnesses produced b" the
prosecution itself i.e. P@1 and P@2 ma/e it manifest that the
marriage bet&een the accused and the prosecutri! had been
solemni4ed and registered in the office of (ub 1egistrar+
3ha4iabad &ith the &ill and consent of the prosecutri! and she
&as full" conscious during the time &hen the aforesaid formalities
&ere being completed and that she &as a&are that the documents
SC No.1/14. Page 8 of 11
are being prepared for registration of the marriage &hich she had
solemni4ed &ith the accused. $d. 0PP has failed to point out
an"thing in the testimon" of these &itnesses or in the deposition
of an" other prosecution &itness &hich ma" suggest that the
prosecutri! &as not full" conscious and &as in a into!icated state
&hen the aforesaid formalities for registration of the marriage &ith
the accused &ere being completed or that &hen she appeared
before the 1egistrar of 2arriages in 3ha4iabad court.
16. 0s per P@1.+ the date of birth of the prosecutri! is
26.12.1661 &hich implies that she &as more than 21 "ears of age
&hen she solemni4ed marriage &ith the accused.
17. 0ccording to the deposition of the prosecutri! herself+
the accused engaged in se!ual intercourse &ith her after the
solemni4ation of marriage and the registration of marriage in
3ha4iabad court+ as noted hereinabove+ and therefore+ the parties
being husband and &ife+ the se!ual intercourse bet&een the t&o
does not come &ithin the ambit of offence of rape as defined in
section 379 of IP+ even if the same &as against the &ill and
consent of the prosecutri!.
18. The fact that the prosecutri! had &illingl" solemni4ed
the marriage &ith the accused+ is also indicated b" the follo&ing
portion of her e!amination in chief F
C.............After about one month of the aforesaid
incident, I made a call to the accused telling him that
as he has solemnized the marriage with me, he should
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take me with him. However, he told me that he cannot
keep me with him till he arranges an independent
room on rent. He kept on avoiding me like this for two
or three months. Thereafter the accused flatly told me
that he cannot keep me with him. The accused told
me that his family members would not accept me.
On !.".#$% the accused made a call to me
and asked me to meet him at &om 'azar market,
(a)afgarh. *e met in &om 'azar market and after
talking to me for a few minutes, accused started
beating me. +any persons gathered around us. A
police official also came to the spot. I told police
official that accused has solemnized court marriage
with me but I do not have any documentary proof.
However, the accused showed the documents of court
marriage to the police official. The police official made
me to write on a paper that I have solemnized
marriage with the accused. Accordingly, I did the same
and we both signed that paper. The paper was kept by
the police official with him. ........,
16. It is thus evident that the prosecutri! had &illingl" and
in full senses solemni4ed marriage &ith the accused and the
marriage &as registered in the office of 1egistrar of 2arriages+
3ha4iabad+ on .:.3.2.13. The parties engaged in ph"sical
relations &ith each other after the marriage. The prosecutri! &as
more than 21 "ears old at that time.
2.. Thus the prosecutri! and accused being legall"
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&edded husband and &ife+ the prosecutri! being ma>or+ the se!ual
intercourse bet&een the t&o+ even if forcible+ is not rape and no
culpabilit" can be fastened upon the accused. There is no clinching
or convincing evidence on record to sho& that the accused had
administered an" stupef"ing substance to the prosecutri! on
.:.3.2.13 before ta/ing her to 3ha4iabad court. The prosecutri!
has no&here deposed in her testimon" that the accused had
committed anal intercourse also &ith her.
21. The prosecution has+ therefore+ failed to establish the
guilt of the accused.
22. 1esultantl"+ the accused is hereb" acBuitted.
Anno!n?"6 in o>"n (VIRENDER BHAT)
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SC No.1/14. Page 11 of 11