Whether Rape conviction is sustainable in case of Live-in Relationships?
had been changing her version at every stage. The appellant Chaman was
well known to her. In her cross examination, she had admitted having
received ₹11,000/- from Chaman on 31.01.2010 but tried to explain it by
saying that he had given that money to change her statement in presence of
her counsel but on the way, he had taken back the said money. She has
admitted her thumb impression and signature on Ex.PW7/DA to DD.
Ex.PW7/DA is a writing dated 31.10.2010 acknowledging the receipt of
₹11,000/- from Chaman and agreeing to repay the same within one year.
This acknowledgement is bearing her signature as well thumb impression.
There is a friendship deed Ex.PW7/DD bearing photograph of the appellant
as well of the Prosecutrix attested by the Notary. In the said friendship deed
she mentioned that both of them are major and her male friend is about 18
years and she is aged about 25 years and in live-in relationship. Thereafter,
there is another document Ex.PW7/DB addressed to one Usha Kashyap
addressing her as Aunty wherein she has informed her that due to some petty
quarrel she made a complaint against Chaman though he did not rape her.
There is another communication Ex.PW7/DC addressed to the
Commissioner of Police requesting for withdrawal of her complaint
pertaining to FIR No.14/2011 under Sections 376/506/509 IPC PS Ashok
Vihar informing that no rape was committed and that she and appellant was
in live-in relationship.
24. From the above documents, which have not been considered in right
perspective by learned Trial Court, it is clear that the Prosecutrix who had
been living alone away from her husband in Delhi, was in live-in
relationship with the appellant. She admitted having received ₹11,000/- on
31.10.2010 i.e. much prior to the alleged rape incident on the night
intervening 13/14.01.2011. Thus, her statement that this amount was paid to
her for changing her statement is falsified from the record.
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered on: May 26, 2016
CRL.A. No.1466/2013
CHAMAN ..... Appellant
versus
STATE ..... Respondent
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
https://www.lawweb.in/2016/06/whether-rape-conviction-is-sustainable.html
