New Delhi: A man charged with raping an 18-year-old girl has been acquitted by a Delhi court which noted that the complaint was filed after marriage between the accused and the girl could not take place and her as also her family members’ statements were not credible.
Additional Sessions Judge Gautam Manan let off the north west Delhi resident in a 2011 case after taking into record that there was a delay of over eight months in filing the complaint after the incident took place.
“It is quite strange that the family of prosecutrix (girl) did not do any thing tangible from December 13, 2011 till September, 2012 which could show that they were really concerned about her and had even made an attempt to approach the police rather they themselves got prepared the documents to facilitate marriage between the accused and prosecutrix.
“It is evident from the testimony of the family members of the prosecutrix that the complaint case was filed against the accused only when the marriage between the accused and prosecutrix did not materialise,” the court said, adding that the prosecution “miserably failed to explain the delay in registration of FIR in the matter”.
The court also noted that in the documents mentioning the intentions of the accused as well as the girl to marry each other, there was no mention of any rape allegations of rape.
“The testimony of the prosecutrix does not inspire confidence and the accused cannot be convicted on the basis of the wavering testimony of the prosecutrix in this case as it does not inspire confidence of this court,” the court said.
According to the prosecution, on December 13, 2011 around 8:30 PM, the accused raped the girl on the knife point and threatened to kill her.
The accused was charged for the offence punishable under sections 376 (rape) and 506 (criminal intimidation) of IPC.
However, the accused pleaded not guilty and claimed that it was a case of failed marriage proposal.