Armyman discharged in case of raping colleague’s ex-wife

New Delhi, Sep 11 (PTI) An Armyman, accused of raping hiscolleague’s ex-wife, has been discharged by a Delhi courtwhich said it was an act of "promiscuity" on the woman’s partand not any misconception. The court said the 22-year-old woman, mother of a nine-year-old boy, was well educated and it cannot be said that shewas incapable of understanding the nature and implications ofthe acts which she consented to. "Her consent to physical relations, if any, was an act ofconscious reason. Where was the compulsion for her toestablish physical relations first without ensuring that theaccused was willing to perform marriage with her after gettingdivorce from his wife? Even she was not legally divorced inOctober 2014. "She was mature enough to fully understand as to what washappening between the two. In the facts and circumstances ofthis case, it was an act of promiscuity on the part of theprosecutrix and not an act induced by misconception of fact,"Additional Sessions Judge Praveen Kumar said. The court discharged the man, saying the material placedbefore it do not disclose the grave suspicion against theaccused for framing a charge against him for the allegedoffences of rape and criminal intimidation under the IPC. The judge said court cannot act merely as a post officeor mouthpiece of the prosecution but has to consider the broadprobabilities of the case. According to the prosecution, the woman had said she gotmarried in 2003 and got divorced in 2014 and while the divorceproceedings were going on, she met the accused, a colleague ofher former husband. She alleged that he lured her for marriage and pretendedto be extra concerned about her. She further alleged that initially he establishedphysical relations with her forcibly and in January this year,he suddenly disappeared after which the woman lodged acomplaint against the man at Dwarka South Police Station. The court, in its order, said their relationshipcontinued for sufficient duration and at no stage, she raisedalarm or hue and cry or lodged report with the police againstalleged forcible sex. PTI SKV PPSDV