The Indian High Court discharged an accused who spent almost a year in custody after a Maltese, Marisa Borg, went on record in a local court and said “she had consented to sexual intercourse with the accused on receiving assurance of marriage”.

Ms Borg’s statement prompted a Sessions Court in August 2006 to add Section 376 (rape) to the list of offences against Devender Ram Ratwana, which included duping her of over $55,000.

Differing with the lower court's conclusions regarding “what made up the offence of rape”, the High Court held that, though marriage may not have been on his mind, rape was not what Ratwana did to his Maltese friend, whom he met in an Internet chat room five years ago.

The court has, however, ordered continuation of trial on charges of forgery and cheating brought against the accused by the Maltese citizen.

Ratwana first chatted with his friend over the Internet and forged a friendship with her, which even extended to his family members, according to the prosecution.

After a period of time, Borg invited him to Malta for medical treatment of an “illness” he had long been complaining of. She also paid for his air-tickets and other expenses for his month-long stay in Malta in March 2002.

According to Borg it was during his stay that she “consented” to sexual intercourse with the accused after he promised that he would marry her and settle permanently 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, that the accused vanished suddenly leaving her clueless till his surrender on 6 February 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 within the next nine months.