Court frees rape accused finding victim unreliable

While convicting the man for outraging the modesty of the woman, Additional Sessions Judge Ramesh Kumar set off his sentence against his prison term of his six months and twenty five days that he had already undergone during his trial and set him free.

"After the arguments, facts, circumstances and perusal of record, this court is of opinion that the statement of prosecutrix is highly improbable as same has not been corroborated by medical evidence," ASJ Kumar said, while acquitting the North Delhi resident of the charges raping his 25-year-old neighbour.

The victim had deposed to the court that on January 9-10, 2007 night, she had gone to adjoining park for a stroll when the accused had pulled her inside his house and had raped her.

During her cross examination, she, however, said that the accused forced her to go inside his house when she had gone to fetch water from the municipal tap.

A complaint was filed against the accused by victim's neighbour, but during the probe, the police found that her brother and sister-in-law had asked her to implicate the accused in the case.

The accused pleaded innocent and contended that he has been implicated in the case due to enmity with her brothers.

While the court found the victim's testimony unreliable, her medico-legal case report too did not prove forcible intercourse.

During the perusal of the record it was revealed that "the victim did not carry out any struggle or raise any alarm while being taken by the accused forcibly and appeared to be a willing party to go  with accused on her own," the court said