Man, who spent 51 days in jail in rape case, acquitted after woman claims 'misunderstanding'

Kolkata, Sep 3 (PTI) A man was acquitted in a rape case by a court in Kolkata after the complainant woman claimed she had lodged the complaint "due to some misunderstanding".

The man was arrested in the case filed on November 24, 2020, and had to spend 51 days behind bars till he was granted bail by a court.

The woman had in her complaint said that she was in a relationship with the man since 2017 and, on his promise to marry her, spent the night with him in a hotel in Salt Lake, where they had developed a physical relationship.

The next morning, he refused to marry her and fled, she alleged.

Based on the FIR, the man was arrested on November 25, 2020, and was in jail till he was granted bail by a court on January 14, 2021.

The accused had pleaded not guilty to all the allegations, claiming innocence.

During the trial in the case, the woman claimed that due to a misunderstanding with the man, she lodged a complaint against him and "she did not remember anything else", court documents showed.

The woman further stated that the complaint was written by her friend, and she signed it without knowing the contents.

Holding that the "prosecution has miserably failed to bring home the charge u/s 417/376 of IPC and the accused is entitled to the benefit of doubt", additional district and sessions judge, Fast Track 2nd Court, Calcutta, Anindya Banerjee pronounced the man "not guilty".

The court, in its judgment on August 28, said that from the evidence of the complainant, it appeared that the only allegation made by her against the man was that he indulged in a physical relationship with her.

"It appears that two adult persons indulged in consensual sex," the judge observed, holding that the complaint was not proved before the court, and the complainant woman did not make any allegation against the accused under sections 376 (rape) and 417 (cheating) of the Indian Penal Code (IPC) during her evidence.

The court also noted that none of the other prosecution witnesses, the woman's mother, grandmother and a neighbour, corroborated the allegations against the man. PTI AMR SOM