Panaji: A fast-track court has acquitted a man of raping a married woman, a mother of three, under the pretext of marriage, giving him the benefit of doubt. The court observed that even if the accused had wanted to fulfil his promise and marry her, it would not have been legally possible for him, as she herself had not obtained a divorce from her previous husband.The court observed that the adult married woman, who was in two failed relationships of a similar nature, where she claimed that the men raped her on promise of marriage, was disillusioned to such an extent that she believed a third man– the accused.“Therefore, there is no material brought on record to hold that the consent of the victim was obtained deceptively by the accused by making a false promise of marriage,” the court held.According to her complaint, the accused met her at a railway station, where he was playing with her child. He took her number and later began staying with her at a rented place. She said the accused, on the pretext of marriage, raped her on several occasions and stole her TV, AC, fridge, gold ornaments and other valuables and left the house. The court held that there was nothing on record to show that she was the owner of the articles which she alleges were stolen by the accused and that the children were not examined in the case. “Admittedly the accused and the victim lived together. The question is whether these articles were purchased by the accused or the victim. Nothing is placed on record to show that these articles were purchased by the victim,” the court held.The bills she produced were not clear and not in her name but in the name of another man whose statement was not recorded. “Therefore, the allegation of theft has not been proved beyond reasonable doubt,” the court added.
