Rape accused freed as victim refuses to testify
16 Nov 2012 3:17 AM IST
A man facing trial for allegedly abducting and raping a minor has been acquitted by a Delhi court after the alleged victim told the court that she was under an impression that she was to depose against another man with whom she had eloped.
The girl also deposed that she knew accused Shahgir, who was present in the court, as he was her neighbour but was ignorant about the case in which he had been in jail.
The court noted that the victim had come to the court under an impression that she is deposing as a witness in a case lodged against one Shajid, a resident of village Alipur here and the man with whom she had eloped.
‘Shajid, with whom she had eloped, was not present (in the court). She knew accused Shahgir as he is residing near her home, but she does not know why he is in jail,’ Additional Sessions Judge (ASJ) Sanjeev Kumar noted while acquitting Shahgir.
The court freed Delhi resident Shahgir, who used to stitch bags to earn a living, saying the prosecution has failed to prove his guilt as the alleged victim failed to identify him as the culprit.
‘On appreciation of the testimony of the victim and her mother, it is evident that they have not identified accused (Shahgir) as the one who kidnapped the girl or committed rape with her, hence, they have been declared as hostile witnesses.
‘Hence, nothing incriminating has come against Shahgir to convict him, therefore, I held that prosecution has miserably failed to prove the offence against Shahgir, hence, accused Shahgir stands acquitted for the offence,’ the court said, directing his release from the jail.
Shahgir was apprehended three months after the girl’s parents, who run a tea stall, lodged a complaint that their 16-year-old daughter has gone missing from their house in North West Delhi on 15 October 2011 and suspected that she has been enticed by the accused.
The police, in its version, told the court that the girl had herself appeared before the police on 25 February 2012 and had recorded her statement alleging that all this while accused Shahgir had kept her as his wife and raped her many times.
The girl also deposed that she knew accused Shahgir, who was present in the court, as he was her neighbour but was ignorant about the case in which he had been in jail.
The court noted that the victim had come to the court under an impression that she is deposing as a witness in a case lodged against one Shajid, a resident of village Alipur here and the man with whom she had eloped.
‘Shajid, with whom she had eloped, was not present (in the court). She knew accused Shahgir as he is residing near her home, but she does not know why he is in jail,’ Additional Sessions Judge (ASJ) Sanjeev Kumar noted while acquitting Shahgir.
The court freed Delhi resident Shahgir, who used to stitch bags to earn a living, saying the prosecution has failed to prove his guilt as the alleged victim failed to identify him as the culprit.
‘On appreciation of the testimony of the victim and her mother, it is evident that they have not identified accused (Shahgir) as the one who kidnapped the girl or committed rape with her, hence, they have been declared as hostile witnesses.
‘Hence, nothing incriminating has come against Shahgir to convict him, therefore, I held that prosecution has miserably failed to prove the offence against Shahgir, hence, accused Shahgir stands acquitted for the offence,’ the court said, directing his release from the jail.
Shahgir was apprehended three months after the girl’s parents, who run a tea stall, lodged a complaint that their 16-year-old daughter has gone missing from their house in North West Delhi on 15 October 2011 and suspected that she has been enticed by the accused.
The police, in its version, told the court that the girl had herself appeared before the police on 25 February 2012 and had recorded her statement alleging that all this while accused Shahgir had kept her as his wife and raped her many times.
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