The News Minute | June 13, 2014 | 5:52 PM IST
On May 11, a Delhi sessions court acquitted a man accused of raping his wife. It said that forced intercourse with a woman does not amount to rape if she is married to the accused. The Additional Sessions judge Virender Bhat said that "The parties being husband and wife, the sexual intercourse between the two does not come within the ambit of the offence of rape, even if the same was against the will and consent of the victim".
The judgement further read, "Thus the prosecutrix and accused being legally wedded husband and wife, the prosecutrix being major, the sexual intercourse between the two, even if forcible, is not rape and no culpability can be fastened upon the accused."
On Friday, the Delhi sessions court has again given a judgement saying that marital rape is not a criminal offence. This time, the same judge Virender Bhat says “The prosecutrix and the accused were legally wedded husband and wife from July 20, 2012 and the physical relations between the two thereafter, even if against the consent of the prosecutrix, do not tantamount to offence of rape”. The court said while acquitting a man accused of marital rape that physical relations among husband and wife, even if it is forced do not amount to rape.
Aftab Alam, the accused was freed of all charges by the sessions court, who also added that testimony of the woman was "suspicious" and far from being "credible or trustworthy".
It further said "The conscience of this court does not permit it to believe the version of the prosecution. The accused deserves to be given the benefit of doubt. Accordingly, the accused is hereby acquitted of all the charges."
The prosecution on the other hand says that Alam, the son of the victim’s landlord, gave the victim a soft drink laced with sedatives and later raped her. The next day Alam took her to his aunt's place and married her in the presence of a maulvi and then raped her several times. The victim claims that after this the victim was asked to go back by Alam.