Delhi court discharges man accused of rape over contradictory chats

A Delhi court has discharged a man accused of rape, saying the allegations made by the woman could not withstand in the light of "clinching scientific evidence in the form of WhatsApp chats" between the two.

The woman and the accused were introduced to each other through a marriage proposal by a mutual relative.

In the order passed on October 14, additional sessions judge Pawan Kumar noted that there was a delay of around five months in the registration of FIR, and dismissed the woman's explanation that she was being coerced to marry the accused.

The judge said the complainant was "well-educated and mature", and it was highly improbable that instead of lodging a complaint against the accused, she would decide to marry him.

The judge further noted that it was clear from the chats that the accused had already declined to marry the complainant and even her family was looking for a suitable match for her.

"In the instant case, the delay in the registration of FIR is compounded with the fact that the FIR was registered when the accused blocked the prosecutrix on all channels of communication," the judge said.

The bench noted the submissions made by advocates Shashank Dewan and Nikita Dewan, representing the accused, that WhatsApp chats exchanged before and after the incident completely belied the prosecution's case.

"On careful perusal and meaningful reading of the entire prosecution evidence, the court is of the considered view that the oral allegations made by the prosecutrix in her statements could not withstand in the light of clinching scientific evidence in the form of WhatsApp chats between the accused and the prosecutrix," the judge said.

He also noted that the chats reflected that the accused and the complainant were in a friendly and cordial relationship.

"There were intimate and personal chats between them. The chats immediately after the incident are entirely in derogation of the allegation of sexual intercourse. In the attending facts and circumstances, there is no prima facie material to frame the charge against the accused," the judge said.

The case revolved around allegations of forceful sexual assault made by the complainant, which allegedly took place in November 2020 when the two were returning from shopping. The woman claimed that the accused assaulted her in a parked car.