"Prosecutrix Eloped with Intent to Marry": Delhi High Court Upholds Acquittal in Controversial Rape Case

The High Court of Delhi today upheld the acquittal accused and another respondent in a highly scrutinized rape case. The State had appealed the acquittal verdict, claiming that the trial court's judgment was based on "presumptions and surmises."

"In our considered opinion, the prosecutrix had eloped from her parents' house with their money and jewellery with intent to marry respondent No.1-accused," observed Hon'ble Mr. Justice Suresh Kumar Kait and Hon'ble Ms. Justice Neena Bansal Krishna. The judgment elaborates that the prosecutrix and the respondent were, in fact, married and had a child out of the wedlock.

The case was initially filed in 2008 at the Shahbad police station in Delhi, accusing Mahadev and another respondent of multiple charges including kidnapping, rape, and illegal confinement. The prosecutrix, who was studying in class VII at the time of the alleged incidents, had claimed that Mahadev proposed friendship to her and later kidnapped and raped her on multiple occasions.

Casting doubt on the credibility of the prosecutrix, the Court noted material contradictions in her statements. "There are material contradictions in the statement of the prosecutrix recorded under Sections 164 Cr.P.C. & 161 Cr.P.C. as well as her statement made before the Court," the judgment states. The Court also pointed to the prosecutrix's intent to separate from her husband as a possible motive behind the allegations.

Representing the State, Additional Public Prosecutor Mr. Tarang Srivastava argued that the victim was underage at the time and that the lower court had not adequately considered the evidence. Conversely, the defense counsel contended that the acquittal was justified based on witness testimony and available evidence.

With today's judgment, the High Court has effectively put an end to a lengthy and highly publicized trial, emphasizing the need for courts to critically examine all evidence and testimony before making judgments in sensitive cases such as this one.

 Date of Decision: September 12, 2023

STATE (NCT OF DELHI) vs MAHADEV @ SHARAD & ANR.