New Delhi:  A court here has acquitted a 29-year-old man charged with raping a woman after kidnapping her, holding that the alleged rape victim was a consenting party.

Additional Sessions Judge (ASJ) H S Sharma acquitted Mukesh Rayzada, a resident of Timarpur in North Delhi, and said: "From the perusal of record, it was reflected that she (20-year-old girl) was a consenting party in the case.

Since she was a major on the date of commission of offences, her consent was decisive. "She could have mustered courage to say all these facts even after the date of offence, but she did not do so. So it substantiated the fact that she was a consenting party. I am thereby acquitting Mukesh Rayzada of all charges," he said.

The court, in a recent order, acquitted Rayzada of the offences under sections 376 (rape), 366 (kidnapping a woman to compel her marriage) and 365 (kidnapping with intent to confine a person) of the Indian Penal Code (IPC).

The prosecution had alleged that Neelima - the accused Rayzada s wife - used to run a clinic in Timarpur area and the victim used to visit her clinic to learn nursing techniques.

Rayzada befriended the victim and told her that he wanted to marry her. On July 28,2006,Rayzada enticed the girl and induced her for marrying him, knowing the fact that she would be subjected to illegal relationship.

He also kidnapped her and took her to Mumbai, where he raped her for three months, the prosecution alleged. "The conduct of the victim in accompanying the accused to Mumbai and not deposing against him in the court gave a clean chit to him.

The conduct of the victim throughout was of a consenting party. Rayzada, is thereby ordered to be acquitted of all the charges," the judge said.

Source : PTI