The complaint was filed only because the accused now wanted to cancel the civil registration, it said.Discharging a 30-year-old man accused of raping a woman, a Sessions Court in Goa said the allegation that the accused had sex with the victim without her consent during their civil marriage does not stand “as Indian law does not recognise marital rape.”The case pertains to a woman alleging that the “first sexual encounter” took place on July 13, 2024, after the couple completed “the first signature of civil marriage”. The victim alleged that the accused had forcible sexual intercourse with her, and despite this, she decided to go ahead with the civil marriage, which took place on August 7, 2024.In an order on Thursday, Pooja C Kavlekar, Presiding Officer, Fast Track Special Court, (POCSO) Panaji, said: “The complaint has been filed after the marriage is solemnised. The allegation that the accused during the subsistence of civil marriage had sex with the victim without her consent does not stand as Indian law does not recognize marital rape.”The court quoted the victim as alleging in her statement before the magistrate that the accused “does not wish to perform the religious marriage and wants to cancel the same”. “This fact may have some moral repercussions. However, legally only because one party wants to cancel the marriage that is duly registered, the court cannot hold him responsible for the offence of rape, if the parties had sexual intercourse before performance of religious marriage,” the court said.The prosecution argued that between July 13 and August 6, the accused had forcible sexual intercourse with the complainant without her consent on several occasions and also threatened her with dire consequences. The prosecution submitted that in her statement, the victim said that she and the accused are ‘civilly married’ and that the accused is refusing to marry her and has filed an application to cancel the marriage that was registered.The prosecution said the accused obtained consent of the victim by deception. The accused’s counsel argued for the accused to be discharged, contending that the accused is married to the victim on the date of filing the chargesheet and nothing survives in the case.The court agreed with the submission by the accused’s counsel that if the sexual intercourse was forcible, the victim would not have married the person who committed forcible sexual intercourse on her.Story continues below this adThe court pointed out that the chargesheet is filed under Section 64 of BNS, which pertains to rape and not Section 69, which relates to sexual intercourse by employing deceitful means.“The complainant in her complaint has requested the police to take action against the accused for cheating her and for ‘committing sexual intercourse by making false promise to marry’,” the court said, adding that the relevant section applicable in the case is Section 69 and not Section 64 of the BNS.The court said no offence is made out under Section 69 of BNS. “The victim engaged into a sexual intercourse with the accused on several occasions claiming that it was forcible yet she married him and never complained about the same to anyone,” the order said.The complaint was filed only because the accused now wanted to cancel the civil registration, it said.Story continues below this ad“The accused has kept his promise and married the victim. Technically, therefore, no offence is also made out under Section 69 of BNS. It is open for the victim to put forth her grievances before the Civil Court, where the annulment or divorce case may be filed,” the court said.Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely on the state of Goa, covering major developments in politics, governance, and significant local events, which establishes his high degree of Expertise and Authority in the region. Expertise Geographic Expertise: As the Goa correspondent, Pavneet provides on-the-ground, comprehensive coverage of Goa's political, social, and cultural landscape, ensuring readers receive timely and localized insights. Key Coverage Focus: His recent work demonstrates deep investigative capabilities and a focus on high-impact stories, including: Investigative Reporting: Extensive coverage of complex events such as major incidents (e.g., the Goa nightclub fire), tracing the legal, political, and safety lapses involved. Government and Law Enforcement: Detailed tracking of police actions, deportations, and legal proceedings related to significant local cases. Policy and Governance: Reporting on the judiciary (e.g., Goa High Court flagging illegal structures) and the actions of government departments. He tweets @pub_neat ... Read More Tags:Panaji