A man, accused of raping his 23-year-old tenant, has been let off by a Delhi court after she confessed that she had consented to the sexual act and that she had deposed falsely under the police pressure.
Additional Sessions Judge Mahesh Chander Gupta acquitted Delhi resident Shambhu Nath Mandal of the rape charges on the woman’s admission.
“In the circumstances, as per the testimony of the woman aged about 23 years, an act of sexual intercourse was performed on April 7, 2011 by accused Mandal with her with her own free consent and therefore, the act of sexual intercourse by him with the woman is not covered within the mischief of section 375 (rape) of the IPC,” the judge said.
The accused was let off after the woman testified to the court that her earlier deposition in the court had been made under the influence of the police, which, she said, had told her she would land in jail if she retracts the rape charges.
The court said the woman’s testimony has knocked the bottom off the prosecution’s case.
“She has specifically deposed in her cross examination that whatever physical relationship was established between her and accused on April 7, 2011 was with her own free consent and no forceful sexual act was done by the accused with her and it was with her own free will,” it said.
The court let off the accused noting the woman’s statement to it that “it is correct that on the last date I had made the statement under influence of the police as I was told outside the court that if the statement is not made by me as per the wish of the police I will be sent to jail.”
According to the prosecution, Mandal had gone to the woman’s room on April 7, 2011, on the pretext of repairing her ceiling fan and then sent her to his house to take a screw drive.
When the woman went to his house, he also had allegedly gone after her and had raped her.
——PTI