Nagpur: In a significant ruling, the Honourable DJ-8 and Additional Sessions Judge Shri R.R. Bhosale acquitted Umesh Daswani, a mobile merchant from Wardha, in a case involving allegations of rape under the pretext of marriage and criminal intimidation. The charges, registered under Sections 376(2)(N) and 504 of the Indian Penal Code (IPC), were found unproven due to inconsistencies in evidence and significant contradictions in the prosecution’s case.
Case Background
The complainant, a resident of Nandanvan, alleged that between 2016 and 2019, Daswani developed a relationship with her and engaged in repeated sexual relations under the false promise of marriage. She claimed these encounters took place at Perfect Lodge on Kanhan-Ramtek Road. In 2019, when she insisted on marriage, she discovered that Daswani was already married with two children. Feeling deceived, she filed a complaint at Kanhan police station on July 19, 2019. A chargesheet was subsequently filed against Daswani.
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Defense Arguments
Advocates Kamal Satuja and Kailash Dodani, representing Daswani, argued that the allegations were baseless and the case did not meet the legal threshold for rape under the pretext of marriage. They highlighted the following points:
– The complainant’s evidence was inconsistent with her initial complaint, weakening her credibility.
– The lodge owner, a key prosecution witness, admitted during cross-examination that the complainant was aware of Daswani’s marital status and even brought gifts for his son. This supported the defense’s claim that the relationship was consensual.
– Material witnesses, such as mutual friends of the accused and complainant, were not examined by the prosecution.
– There was an unexplained 30-day delay in filing the First Information Report (FIR).
The defense successfully argued that these factors, combined with contradictions and omissions in the evidence, created reasonable doubt about the accused’s guilt.
Prosecution Stand
Assistant Public Prosecutor Deepika Gawli contended that the accused had been identified by both the complainant and the lodge owner, who confirmed that Daswani frequently booked rooms at the lodge for the complainant and himself. She argued that these actions substantiated the allegations and warranted a conviction.
Court’s Verdict
After reviewing the evidence and arguments from both sides, Judge R.R. Bhosale concluded that the prosecution failed to establish Daswani’s guilt beyond reasonable doubt. The court noted that the complainant’s testimony lacked consistency and corroboration, and the defense had effectively demonstrated that the relationship was consensual.
The court acquitted Umesh Daswani, emphasizing the importance of credible and consistent evidence in criminal cases. Advocates Kamal Satuja and Kailash Dodani represented the accused, while Assistant Public Prosecutor Deepika Gawli appeared for the prosecution.
