Neighbour facing trial for rape let off
New Delhi, Nov 14, 2012, PTI : 1:55 IST
A Delhi court acquitted a man facing trial for allegedly kidnapping and raping a minor 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 for 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 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,” the court said.
“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.
Shahgir was apprehended three months after the girl’s parents lodged a complaint that their 16-year-old daughter had gone missing from their house in north-west Delhi on October 15, 2011.
They suspected that she had been enticed by the accused.