New Delhi, Aug 30 :A man has been sentenced to seven years in jail for raping his ex-wife, with a Delhi court saying that the victim's testimony inspired confidence.
The court sent the man, a south Delhi resident, to jail and imposed a fine of Rs 20,000 on him, to be paid to the victim.
"The victim's testimony shows that she tried to resist the accused but since she was sick and feeling weak, he forced upon her... I am of the view that prosecution has successfully proved the guilt of the accused and brought home all the ingredients of the offence with which, he has been charged.
"I, therefore, hold him guilty of the offence punishable under section 376 (rape) of the IPC," Additional Sessions Judge Sanjiv Jain said.
The court also observed that the "absence of any injury on the private part of the victim does not by itself falsify the offence of rape."
"The victim had informed the police immediately after the incident. There was no delay in lodging the report. She is consistent and cogent as to the incident of rape committed by the accused," the court said.
"The mandate of law as settled by plethora of judgments is that if the statement of prosecutrix inspires confidence, conviction can be based on the solitary evidence of the prosecutrix and no corroboration would be required...testimony of the prosecutrix is of impeachable character," it said.
According to prosecution, accused had married the victim in 2013 and a year later they got divorced. After the divorce, he took Rs 50,000 from her but when she asked him to repay, he came to her house when she was alone and committed sexual intercourse with her against her wishes.
"After the divorce, their relations ended, the accused wanted to re marry her but when the prosecutrix refused to re marry, he got annoyed and committed rape upon her," the court said.
The accused had denied the allegations and claimed he was falsely implicated after the divorce since her family members had grudge against him and the accused was getting married with some other girl.
-Source PTI
The court sent the man, a south Delhi resident, to jail and imposed a fine of Rs 20,000 on him, to be paid to the victim.
"The victim's testimony shows that she tried to resist the accused but since she was sick and feeling weak, he forced upon her... I am of the view that prosecution has successfully proved the guilt of the accused and brought home all the ingredients of the offence with which, he has been charged.
"I, therefore, hold him guilty of the offence punishable under section 376 (rape) of the IPC," Additional Sessions Judge Sanjiv Jain said.
The court also observed that the "absence of any injury on the private part of the victim does not by itself falsify the offence of rape."
"The victim had informed the police immediately after the incident. There was no delay in lodging the report. She is consistent and cogent as to the incident of rape committed by the accused," the court said.
"The mandate of law as settled by plethora of judgments is that if the statement of prosecutrix inspires confidence, conviction can be based on the solitary evidence of the prosecutrix and no corroboration would be required...testimony of the prosecutrix is of impeachable character," it said.
According to prosecution, accused had married the victim in 2013 and a year later they got divorced. After the divorce, he took Rs 50,000 from her but when she asked him to repay, he came to her house when she was alone and committed sexual intercourse with her against her wishes.
"After the divorce, their relations ended, the accused wanted to re marry her but when the prosecutrix refused to re marry, he got annoyed and committed rape upon her," the court said.
The accused had denied the allegations and claimed he was falsely implicated after the divorce since her family members had grudge against him and the accused was getting married with some other girl.
-Source PTI