The High Court in India discharged an accused man who spent almost a year in judicial custody after a Maltese national, Marisa Borg, went on record in a local court allegeing that "she had consented to sexual intercourse with the accused (Ratwana) on receiving assurance of marriage".
The Maltese woman's statement prompted a Sessions Court in August 2006 to add Section 376 (rape) of the IPC in the list of offences against Devender Ram Ratwana, which included duping Borg of over $ 55,000, The Indian Express reported.
Differing with the lower court's conclusions regarding "what made up the offence of rape", the High Court held, though marriage may not have been a serious thought in his mind, rape was not what Ratwana did to his Maltese friend, whom he met over an Internet chat five years ago.
The court has, however, ordered continuation of trial into charges of forgery and cheating levelled against the accused by the Maltese citizen. Ratwana first chatted with Marisa Borg over the Internet and managed to forge a friendship with her, which even extended to his family members, according to the prosecution.
Over a period of time, Borg invited him over to her island nation for medical treatment of an "illness" he was long complaining of. She also sponsored his air-tickets and other expenses for a month-long trip to Malta in March 2002.
According to Borg's complaint, it was during his stay there that she "consented" to sexual intercourse with the accused on the promise that he would marry her and permanently settle in Malta. On Ratwana's return to India, Borg allegedly sent him money twice to start a gym and "satisfy his boss in order to get his passport back" and return to Malta. It was after this, according to Borg, the accused vanished suddenly leaving her clueless till his surrender on February 6, last year.
Besides giving the accused orders to surrender his passport and not contact Borg or any other material witnesses in the case, the High Court directed the Sessions Judge to conclude the trial in next nine months.
See also:
Police add rape charges in Maltese woman case
by MaltaMedia News – May 29, 2004