New Delhi: A man, accused of raping a deaf and dumb woman who later gave birth to his child, has been acquitted by a Delhi court which noted the victim's statement that physical relations were established with her consent.
Additional Sessions Judge Yogesh Khanna acquitted Noida resident Suraj, saying that as per the DNA reports, he is the father of the woman's child and if she had supported the police version, it could have nailed the accused.
"However, the mere fact that the prosecutrix had deposed that the intercourse with accused was with her consent, do not make accused liable for the offence under section 376 (rape) of the IPC," the court said.
The court gave "benefit of doubt" to the accused saying on the basis of the depositions of the 22-year-old woman and her mother who had not supported the police version, "story of the prosecution qua forcible intercourse suffers a jolt".
"Despite the fact that he had committed sexual intercourse with the woman and had made her pregnant but since she says that it was done with her consent, the accused cannot be convicted for the offence under section 376 (rape) IPC," the court said.
As per the police, the woman's brother had lodged a complaint against the accused, a scrap dealer, saying he had raped his deaf and dumb sister, who was deserted by her husband and has a son from her marriage in 2011.
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Updated Date: Jun 06, 2013 15:41:54 IST