Delhi High Court acquits man accused of rape, cheating his colleague

New Delhi: If a woman consents to have sexual relations with a married man who promises to marry her, continues the relationship and gets impregnated, then it is an act of "promiscuity" on her part instead of misconception, the Delhi High Court has said.

The court made the observation while acquitting a guitar teacher, who was awarded 10 years of rigorous imprisonment by a trial court in October last year for raping and cheating his colleague on the false promise of marrying her.

"If a major girl consents to the act of sexual intercourse on a promise to marry and continues to indulge in such activity and becomes pregnant, it is an act of promiscuity on her part and not an act induced by misconception of fact," Justice SP Garg said.

The high court set aside the trial court's decision against the convict on the ground that the consent of the girl, who was referred in the judgement as Miss 'X', for physical relation was a "conscious" act.

It, however, observed that the appellant's conduct in the episode was unfair and unreasonable and "his previous wife is the real victim who was cheated by him (by having) indulged in consensual sex with X."

"Undoubtedly, 'X' and the appellant having a love affair had consensual sexual relations several times. However, (due to the) appellant's attitude to keep a distance from her, she got enraged and lodged the instant complaint. Nothing is on record to infer that she had agreed/consented for sexual intimacy with the accused on any assurance or promise of marriage.

"There is nothing in her evidence to demonstrate that she was incapable of understanding the nature and implications of the act which she consented to. She was enough matured to understand as to what was happening between the two. She even became pregnant and got the pregnancy terminated. Her consent for physical relation was an act of conscious reason," the court said.

The man was arrested in February 2014 after the girl lodged a complaint with the police alleging she was raped by the accused on the false promise of marrying her.