New Delhi, Jun 19 (PTI) The Delhi High Court has upheld the acquittal of an accused in a rape case, saying the trial court had rightly highlighted a “big doubt” on the woman’s version of the alleged incident.
Justice Amit Mahajan was hearing the state government’s plea against a March 2018 verdict of the trial court acquitting the accused under Sections 376 (rape) and 506 (criminal intimidation) of IPC.
In an order on June 17, the judge said, “It is trite law that the accused can be convicted solely based on evidence of the prosecutrix as long as the same inspires confidence and corroboration is not necessary for the same. However, the testimony of the prosecutrix is full of inconsistencies, and the same does not inspire confidence.” The high court said the FIR was registered after a 10-day delay and the prosecution failed to provide any suitable explanation for it.
Thought the incident took place on April 1, 2015, the woman alert the police until April 10 and continued to work in the accused’s factory, raising suspicion about her conduct.
“Further, the fact that the wife of the accused was aware of the entire incident and would still compel the prosecutrix to join back (work in the factory) creates a big doubt regarding her (alleged victim’s) version of the alleged incident. Even the evidence tendered by the husband of the prosecutrix is contradictory to the version of the prosecutrix,” the court said.
The court underlined the state government’s failure in establishing a prima facie case in its favour, leaving it without any “credible ground” to allow it the leave to appeal in the present case. PTI MNR MNR AMK AMK AMK
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