New Delhi:
The Delhi High Court set aside the life imprisonment awarded to a man for raping and killing a 60-year-old woman "whom he used to call his mother".
In its judgement on October 31, a division bench of justices Pradeep Nandrajog and Mukta Gupta overturned a trial court order which had awarded life term to Achey Lal for raping the woman while he was in an inebriated state, resulting in her death.
"Achey Lal, even if held guilty for causing the offence of rape, cannot be held guilty of murder as he neither had any intention nor knowledge that such a forceful act of sexual intercourse would cause the death of the woman. Consequently, he is acquitted for the offence punishable under Section 302 IPC," the court said.
While allowing the appeal of Achey Lal against his conviction and sentence, the court also acquitted him of the charges of rape, saying, "As regards the offence punishable under Section 376 (rape) of the IPC, the woman was aged over 60 years, thus beyond the age of menopause."
The court also said the post-mortem report proved beyond "reasonable doubt" that the "woman too had consumed alcohol before she was subjected to sexual intercourse."
"We find force in the contention of the counsel for the appellant (Achey) that even if the sexual intercourse was forceful, it was not forcible and contrary to the wishes and consent of the deceased.