Umed Singh Grewal, Additional Sessions Jugde observed that the woman allegedly accused man of rape on July 5, 2016, but it could not be considered as a rape case as she was " wife to him on that day."
While dismissing the man, the court said, "It is clearly evident that the victim had married with the accused on or before 02.11.2015. As per her own cross-examination, she was raped by the accused after July 5, 2016 but then she was wife to him."
The complainant was living with the man in Punjab when she came to know that he was convicted and jailed for committing theft. Thereafter, she moved to Delhi without informing him.
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The man who later followed her to Delhi convinced her that he will mend his ways and the couple started living together, later he stole Rs 2 lakh from her. The wife then refused to stay with him.
On her complaint, he was arrested by the police but he kept visiting her house and developed physical relationship repeatedly, the woman alleged.
The court observed that physical relationship between the couple was with her consent when they were in Punjab and for some period in Delhi and it was only after the theft of Rs 2 lakh, that the accused had established physical relation with her forcibly.
"When the accused established physical relation with the victim forcibly, she was his wife and hence, rape case is not made out," the court said.