‘Can an accused be called rape case survivor after acquittal?’

Noticing lot of public outrage against rape cases, a Delhi court while acquitting a person from charges of rape, asked if a rape victim can be called as rape survivor, then should the person, who is acquitted honourably be called as ‘rape case survivor’? The court acquitted the man as woman turned hostile in court, who had lodged a complaint to police that for more than a year he had committed rape upon her.

The court, while leaving society to ponder about the present day situation of the veracity of the rape cases,  asked that in recent times a new expression is being used for a rape victim which is ‘a rape survivor’. 

‘However, in such circumstances where a person, who has been acquitted honourably, should he now be addressed as a rape case survivor?’ asked Additional Session Judge, Nivedita Anil Sharma, while acquitting the man.

The complainant had alleged that between the period of January 2012 and September 2013 at various places including a resort at Manesar, Gurgaon, he committed rape upon her, under the false promise to marry her. ‘On 12 September 2013 at the house of the accused at Ramesh Nagar, Delhi, he gave voluntarily beatings to the prosecutrix and outraged her modesty,’ she said in her complainant to the police. However, during her cross examination in court by the accused, the prosecutrix admitted that the accused has not committed any offence. She had admitted that the accused has not raped her or cheated on her or gave her beatings or outraged her modesty at any point of time. She has also admitted that the accused had promised to marry her and he has honoured his promise. Further, she has admitted that she had physical relations with the accused with her free consent.

The court said that in this case, the prosecutrix, who is the star witness has turned hostile and has not supported the prosecution case, so the precious time of court should not be wasted in recording the evidence of other formal witnesses. 

‘The prosecutrix, has not deposed an iota of evidence of her being raped at all by accused or that he has cheated her,’ said the court.

The court also said that there is a public outrage and a hue and cry is being raised everywhere that courts are not convicting the rape accused. 

‘However, no one can be convicted if the witnesses do not support the prosecution case or give quality evidence,’ said the court.