Rape accused gets 'benefit of doubt'

A man accused of raping his sister-in-law has been let off by a Delhi court due to “serious infirmities and inconsistencies” in the victim’s deposition.

Additional Sessions Judge Nisha Saxena acquitted Nizamuddin of charges of raping his sister-in-law, saying the accused is entitled to “benefit of doubt” as the victim’s story is “improbable”.

“The evidence is found to be suffering from serious infirmities and inconsistencies. The victim has evaded relevant questions during cross examination,” the court said.

The prosecution said Nizamuddin had gone to the victim’s house in May 2008 when her husband and children were away in Hapur in Uttar Pradesh.

Nizamuddin, who is the husband of the victim’s sister, had asked the woman to open the door as police were chasing him. He told the woman that he wanted to stay at her house for the night, the prosecution said.

Then he entered the victim’s room and raped her, it said.

Nizamuddin’s counsel told the court that if there had been such an incident, the victim would have raised alarm.

“Her conduct shows that she is trying to implicate the accused due to family enmity,” the counsel said.

Compensation

A man who lost one of his legs after being run over by a mini-truck has been awarded a
compensation of over Rs 18 lakh by a road accident tribunal.

The Motor Accident Claims Tribunal ordered Reliance General Insurance company Ltd, with which the vehicle was insured, to pay Rs 18,75,195 to 40-year-old Paharganj resident Nandan Mukherjee.

“In view of the unrefuted testimony of the petitioner and documents available on record, it has been prima facie proved that he suffered injures due to rash and negligent actions of the driver,” said the tribunal’s presiding officer Dinesh Bhatt.

The accident happened in July 2011 while Mukherjee was crossing a road in north Delhi. He was hit by a mini-truck driven by Ghaziabad resident Mohammed Rafiq.

The vehicle was also coming from the wrong side. Mukherjee’s leg had to be amputated.

The tribunal noted that he had suffered up to 75 per cent disability of the right lower limb.

“The petitioner was a tutor. So the amputation will partly affect his working capacity,” the tribunal said.

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