Court acquits man in rape case
21 Jan 2014 5:35 AM IST
A man, accused of raping his niece and forcibly marrying her, has been acquitted by a Delhi court after the woman said she had voluntarily married him.
Additional sessions judge TR Naval also freed the man’s wife of the charges of abetting the rape of their niece, saying the prosecution has failed to prove its case against the accused couple, residents of east Delhi.
‘The prosecutrix (woman) did not support the prosecution case. Her statement was found inconsistent, unreliable and untrustworthy. In the testimony of the woman, the ingredients of rape, sexual harassment, criminal intimidation and abetment of rape could not be established,’ the court said.
It also said that the other material prosecution witnesses also failed to support the prosecution case and were declared hostile. ‘They inter alia, stated that the prosecutrix did not tell anything to them against the accused persons. Conversely, they deposed that prosecutrix told them that she got marriage with the accused no. 1 (man) on her free will. Thus, material witnesses did not support the prosecutrix,’ the judge said.
According to the prosecution, the woman had lodged a complaint at Mayur Vihar Police Station in May 2013 alleging that in March when she had gone to her maternal aunt’s house, she was served with a sedative-laced cold drink.
Additional sessions judge TR Naval also freed the man’s wife of the charges of abetting the rape of their niece, saying the prosecution has failed to prove its case against the accused couple, residents of east Delhi.
‘The prosecutrix (woman) did not support the prosecution case. Her statement was found inconsistent, unreliable and untrustworthy. In the testimony of the woman, the ingredients of rape, sexual harassment, criminal intimidation and abetment of rape could not be established,’ the court said.
It also said that the other material prosecution witnesses also failed to support the prosecution case and were declared hostile. ‘They inter alia, stated that the prosecutrix did not tell anything to them against the accused persons. Conversely, they deposed that prosecutrix told them that she got marriage with the accused no. 1 (man) on her free will. Thus, material witnesses did not support the prosecutrix,’ the judge said.
According to the prosecution, the woman had lodged a complaint at Mayur Vihar Police Station in May 2013 alleging that in March when she had gone to her maternal aunt’s house, she was served with a sedative-laced cold drink.
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