Delhi Court Acquits Man Charged With Rape 9 Years Ago Over Lack Of Credible Testimony

Contradictory Statements and Lack of Corroborating Evidence Lead to Acquittal

Over nine years after a man was charged with rape, a court in Delhi has acquitted him, stating that the testimonies of the alleged victim were not clear, cogent, credible, or trustworthy, and her allegations were not corroborated by other material evidence.

Additional Sessions Judge Priyanka Bhagat of the Tis Hazari district court was hearing a case against Mahender , against whom the Subzi Mandi police station had lodged an FIR under penal provisions of rape and criminal intimidation.

Alleged Incidents of Rape and Confinement

According to the prosecutrix, in 2014, Mahender took her to Nainital where he spiked her food, raped her after she fell unconscious, and filmed the act. After the woman returned to Delhi, the accused threatened to circulate the video clip and raped her again at an under-construction building after keeping her in confinement, she claimed.

Court's Observations and Reasoning

The court, in its verdict dated July 9, stated that "the testimonies of prosecution witness 12 or victim are not clear, cogent, credible and trustworthy and the same are not corroborated by other material evidence."

Underscoring that the prosecution's entire case was based on the statement of the woman, the court said there were some major contradictions in her version regarding the incident of spiking her food, which affected the credibility of her statements. The court also noted some improvements in her testimony.

Regarding the allegations of rape in the under-construction building, the court noted the alleged victim's testimony where she admitted that when she went to meet Mahender , other people who were working there were also present. The court said this version was not probable, especially when the prosecutrix was also crying as stated in her complaint.

The court also questioned why the woman did not complain to the people working there or immediately file a police complaint, which discredited her version that she was raped under the threat to circulate the said obscene video.

Regarding the alleged incident of wrongful confinement from November 11 to 15, 2014, the court again noted her "contradictory statements." The court said the alleged victim had admitted that she had access to Mahender 's mobile phone during the reported confinement and this meant she had every opportunity to take outside help, which she chose not to do so, and this discredited her testimony.

The court also noted a recorded conversation between the alleged victim and the accused's brother-in-law, Gopal Krishan , which corroborated that the prosecutrix had on her own gone to live with Mahender and when the accused did not live with her, she made the call to Krishan and subsequently falsely implicated him as well.

Conclusion and Acquittal

Considering the contradictions and inconsistencies in the statements of witnesses, the court said it created serious doubts about the prosecution story, and the version brought on record by the victim was not even corroborated by any other evidence.

"For the reasons stated above, this court is of the considered opinion that the prosecution has failed to prove the case against the accused beyond reasonable doubt. Hence, accused Mahender is hereby acquitted," the bench concluded.