A man accused by his wife of raping her prior to their marriage has been let off by a Delhi court as the medical evidence prove the commission of the offence.
District Judge JR Aryan acquitted Delhi resident Shalabh Gupta of raping the woman saying he "deserves" the benefit of the doubt as the prosecution failed to prove the charge of rape against him.
"Admittedly the medical report has not at all given any support to the case of the prosecution. To the considered opinion of this court, the arguments from the prosecution side that in the given situation, the submission by prosecutrix to the act indulged in by accused could be taken to be no consent, is too difficult to accept.
"Accused has specifically denied to have indulged in any such act of sexual relationship with prosecutrix. Prosecution cannot be said to have proved its charge of rape against accused. Benefit of doubt deserves to be given to the accused. Accused is acquitted of the charge," the judge said.
It also noted that the medical evidence did not show that the woman had suffered any injuries when she had resisted the alleged rape by Gupta.
The court also said the woman neither in her complaint to the police nor in her statement to the magistrate gave any details regarding the incident.
According to the woman's complaint, she was raped by Gupta on the June 26, 2007 night in his car near Geeta colony in New Delhi.
The woman had told the court that Gupta had taken her for a drive that night after having dinner together to celebrate his birthday, and after proposing marriage to her he had sexual intercourse with her in the car against her consent.
Even after marrying Gupta on July 4, 2007, the woman had maintained her stand while recording her statement before a magistrate on July 10, 2007 that she was raped by him.
