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A youth accused of raping his live-in partner after promising to marry her has been acquitted by a Delhi court on the ground that the girl did not turn up to depose against him.
Additional Sessions Judge Yogesh Khanna let off Delhi resident Rahul Choudhary, saying the case was lodged by the alleged victim to bring back her former lover in "her life".
Besides Rahul, the court also acquitted his sister and mother of charges of house trespass and assaulting the girl.
"Since the prosecutrix had not come forward to depose about the sexual intercourse/assault and alleged beatings given to her by accused (Rahul, his sister and mother), so in the absence of her deposition, nothing incriminating had come up on record and hence they deserve to be acquitted of the charges framed against them," the court said.
Rahul was arrested by the police on a complaint filed by the girl in November 2009 that while they were living together in a flat in South Delhi, he had maintained physical relations with her on a false promise of marrying her.
"Rahul promised that he would marry me. We stayed together at Lajpat Nagar and also at Safdarjung Enclave and Munirka. He used to induce me for sexual intercourse and take money from me. Four months prior to filing the complaint, he left me," the girl had alleged in the complaint.
She had told police that about one month prior to filing the complaint, Rahul again lured her to have physical relations on the pretext of marrying her.
In her complaint, she had stated that on November 5, 2009, Rahul along with his mother and sister came to her residence and started beating and abusing her and even asked her to leave the house, threatening to kill her if she did not do so.
The court, however, acquitted the three accused of all charges and observed that it appears to be a case of "failed relationship" and was registered by the girl to get him back.
".. The prosecutrix did not wish to register this case, but her intention was only to approach the police to threaten the accused person to bring him back in her life.
"This all appears to be a case of failed relationship, where the prosecutrix had tried hard to bring accused back and in such frustration had filed this case...," it said.
The judge in his order also noted that the girl was not "traceable and even she did not depose about the rape committed upon her or the injuries suffered by her".
"Even otherwise, it has come on record that the family members of accused only wished to talk to the girl since she had allegedly sent obscene messages to Rahul.
"Initially, she did not come forward, but when confronted, she tried to hit Rahul's mother. Hence, the accused persons cannot be convicted solely on the basis of the testimony of PW1 (girl's neighbour), when the prosecutrix, admittedly did not come forward to depose," the court added.