The court freed the man, a resident of Jammu and Kashmir, observing that the woman had deposed before it that physical relations between them were "consensual" and she had lodged the complaint against him due to some misunderstanding as he was delaying the marriage.
"In view of the facts and circumstances of the case, where the prosecutrix (complainant) has turned hostile and had not supported the case of prosecution and had rather stated that she had sexual intercourse with accused with her consent on all times prior to her marriage," Additional Sessions Judge Yogesh Khanna said.
"Since nothing incriminating had turned up against the accused, he is thus acquitted of the charges under sections 417 (cheating) and 376 (rape) of the IPC," the court said.
A case was registered against the constable, who was posted at ONGC in Gujarat in 2012, on the complaint of the woman who alleged that he had raped her on March 8 and 9, 2013 at a hotel near Nizamuddin Railway station while he was on his way to Surat via Delhi.
The woman further deposed that physical relations between them was with her consent and she had filed the complaint out of anger and due to misunderstanding.
She told the judge that on September 13 last year, they got married and were now living happily.
She denied in the court that the accused ever raped her on the promise of marriage.
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