A Delhi court has initiated prosecution against a model for falsely implicating her brother-in-law in a rape case saying it will be "failing in its duty if she is let off without punishment for giving false evidence".
Additional Sessions Judge Virender Bhat, while acquitting the man of charges of rape and criminal intimidation, said, the scrutiny of the woman's testimony and evidence revealed that there was no truth in her allegations of rape against the accused.
"Her testimony does not inspire any confidence. Her deposition is neither credible nor trustworthy. Resultantly, the accused is liable to be acquitted and is hereby acquitted as such," the judge said.
"I feel that in the facts and circumstances of the present case, this court would be failing in its duty if the prosecutrix (woman) is let off without punishment for giving false evidence before this court. She is liable to be prosecuted for the offence of perjury which is being done by way of a separate order," the judge said.
The court, while noting that during the trial the woman had accepted that she had lodged several rape complaints previously including one against an aged NRI whom she wanted to marry, said, "she is habitual of levelling false rape allegations against the persons with whom she had developed intimate relations."
According to the FIR lodged at Bindapur police station on February, 2013, the woman, a model by profession, alleged that her brother in-law had raped her at a hotel room in Jaipur in 2012 after intoxicating her and twice at her house.
During trial, he pleaded innocence and claimed he was falsely implicated by the woman.
He also contended that the woman used to blackmail his younger brother, to whom she is married, for money.
The court, while acquitting the man, also noted that the woman had not informed her parents or her husband about the rape incidents.
"Her conduct is indicative of the fact that either no act of sexual intercourse had taken place between her and the accused in the hotel room at Jaipur or she was a consenting party to the sexual act between the two," the court said.
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