06 November,2023 12:33 PM IST | Thane | mid-day online correspondent
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A Thane court on Monday acquitted a 46-year-old man who was accused of raping a woman with whom he was in a relationship with for nearly 14 years, stated a PTI report. According to the report, Thane Sessions judge Dr Rachna R Tehra ruled in favour of the accused and asserted that the woman, who is married and has two children, can differentiate between what is right and wrong.
Reportedly, in the order issued on November 1, the judge expressed scepticism regarding the credibility of the victim's claims and she also noted that the woman and the accused had maintained the relationship for a long duration and found it highly impossible that threats would have compelled her to engage in physical relations for such a duration.
The report further stated that the mother of the accused, who faced various charges, was acquitted as well.
The prosecution, according to the PTI report, stated that the woman and the accused were neighbours and were acquainted with each other. In her complaint filed on October 24, 2013, the woman stated that the accused lured her to his by falsely claiming his mother was unwell. Upon arrival, she, however, saw that the mother was in good health. The accused, according to the report, purportedly provided her with a spiked drink which caused her to lose consciousness. When she regained consciousness, she reported feeling unwell and noticed kiss marks on her chest.
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The woman claimed that following this incident, the accused allegedly threatened to make her explicit photos public and harm her children if she did not engage in physical relations with him, to which she complied out of fear.
The judge's order pointed out significant material contradictions between the victim's statement recorded under Section 161 of the Code of Criminal Procedure and her testimony during the trial. These contradictions were deemed as "material improvements" and were not considered credible.
The judge also said that the considerable delay of nearly 14 years in reporting the incident to the police, raised doubts about the veracity of the victim's claims, the report stated. Additionally, the absence of any evidence to support the administration of stupefying or intoxicating substances cast further doubt on the case.
The court concluded that the prosecution failed to establish the accused's guilt in committing rape and creating explicit and obscene content, along with threatening the victim with criminal intimidation. The judge emphasized that the victim's testimony was riddled with infirmities and declared it unworthy of acceptance. As a result, the accused was acquitted of all charges.
