Court said married woman, who had four children, got involved in affair during subsistence of her marriage.
A man accused of raping a married woman on the false promise of marriage has been acquitted by a Delhi court, which observed it was a case of an "extra-marital affair being converted into rape".
The court said the married woman, who had four children, got involved in the affair during subsistence of her marriage and to save herself from "embarrassment", filed a false case against her paramour when her husband came to know about their relation.
"This trend of extra-marital affairs being converted into rape cases is coming up as several such cases have been filed in court on similar allegations. When a woman herself is not in a capacity to marry another man during the subsistence of her marriage, then why should her paramour be prosecuted, incarcerated and be tried for rape when it is actually just an extra-marital affair.
"This kind of unscrupulous litigation is required to be nipped in the bud itself," Additional Sessions Judge Nivedita Anil Sharma said, adding with changing times, the understanding of "morality" is also changing.
The court acquitted Moti Nagar resident Samir of the charges of rape and cheating, saying there is no material on record that the 25-year-old woman was forced into physical relations by the accused on a false promise of marriage.
"In fact what emerges from the evidence of prosecutrix is that there appears to be an element of an extra-marital affair between her and the accused which came within the knowledge of her husband due to which she left or was made to leave her matrimonial home and consequently the rape case was lodged (against accused) probably to save embarrassment for herself and maintain relations with her husband," the court said.
According to the prosecution, the woman filed a complaint with the police alleging that from January to April 20, this year, Samir repeatedly raped her on the false promise that he would marry her.
Lets Talk about 21st Century such women and LAW of India also as such news always suppressed by Electronic media houses of India to Brain wash common Men that the Sexual assault or crime only men do against women and women never do such crime in India .
In this case another Men also suffering his name is "Indian Husband" , have any one shown the concern?
- The married women's husband can't file a case against her as adultery IPC497 is not a crime in India.
- Husband can't file Divorce case also , as the moment he will do that , she will fire the 498A , Dowry Act , Domestic violence act and CRPC125 also.
- Result Husband will loss the child , he will be out of his own home and have to pay the money in the cute name of "Maintenance" , let he beg/borrow/steal, irrespective the prove wife at fault as CRPC125 she will just have to say , I had lived in adultery , but at present not living in adultery as the word in CRPC125 long back NCW changed from 'Lived in adultery" to 'Living in adultery" to deny any maintenance.
If we found a cases like this related to a Married men , forget about court order even a allegations like this , not only the Husband , along with him his age old mother/unmarried sisters also had been put behind the bar under 498A , Dowry act , forced to provide a home to wife under DV act, hefty maintenance under CRPC125 and then keep making round the courts next 15 to 20 years to prove that the allegation is false and fabricated.
Join Save Indian Family Movement to Stop the legal terrorism of India and demand to replace the word Men/Women to "Person" to all crime related LAW or policy like all over world follow instead of making assumption that all Women born in Raja Harish Chandra family ( never lie) and all Men born in Criminal family.