more-in A Delhi court has acquitted a man accused of sexually assaulting a woman on the threat of terminating her job and promising her a long-term relationship. Subhan Ansari was a contractor at a shoe factory in north-west Delhi’s Daya Basti near Sarai Rohilla, while the woman worked there. Long-term relationship According to the prosecution, the accused had sexually assaulted the victim promising a long-term relationship. The victim also testified to this effect in her evidence during the trial. However, the accused started abusing her after some time. During demonetisation, he removed her from the job for a week for want of work. The accused asked her not to come for work on several occasions later, she further evidenced. Following her sister’s advice, the victim went to the police station and lodged a complaint accusing the man of sexual assault. However, Additional Sessions Judge Rakesh Kumar II dismissed the allegation saying the victim had established physical relations with the accused of her own accord. ‘Total denial’ “Though the case of the defence is of total denial but evidence adduced by the prosecution clearly establishes that it was a case of consensual physical relation, wherein the prosecutrix indulged in such promiscuous relation with the accused of her own volition and consent. It is absolutely settled proposition of law that consent in such case can be determined from the conduct of the prosecutrix and the circumstances as emerges from her testimony,” the judge said. “It is pertinent to mention that the prosecutrix did not make any complaint regarding the first incident of the alleged rape. Another startling deposition of the prosecutrix [was] that the accused started coming to her jhuggi each Sunday after the incident and established physical relation with her consent as he had assured her a long-life relation. It is further stated by the prosecutrix that whenever accused would arrive at her jhuggi, she would open the door and allow him to come inside,” the judge stated. “Moreover, prosecutrix has also deposed that whenever the came to her jhuggi, she would bolt the door from the inside. The said facts are themselves sufficient to demolish the case of the prosecutrix. It is also noteworthy that when a femal neighbour of the prosecutrix asked her about the accused and his visit to her jhuggi, she replied that he worked in same the factory where she worked,” the judgment said. ‘Falsely implicated’ “The defence of accused that he has been falsely implicated in the case as the accused had given her a break of one week from the job at the factory due to demonetisation and on that account the prosecutrix got irritated and lodged a complaint against him to teach him a lesson find corroboration from the testimony of the prosecutrix, wherein she categorically stated that accused had given her break for one week and for that reason she got irritated,” the judgment stated, acquitting the accused.

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