New Delhi, : A Delhi court has acquitted a man accused of raping his sister-in-law, saying her testimony was not of “sterling quality”.
Further, additional sessions judge Anuj Agrawal acquitted her husband of cruelty charges pointing out inconsistencies in her statement.
The court was hearing the case against the man and his brother, accused of the cruelty and rape, respectively.
According to the woman, the husband and his relatives harassed and assaulted her for dowry after the marriage in November, 2020. The woman said she was drugged and locked in a room where her brother-in-law raped her on September 28, 2021.
In its verdict on January 4, the court said the prosecution’s case was based on the woman’s sole testimony.
“While there is no cavil with the proposition that a conviction can be founded on the ocular testimony of a prosecutrix, it is also well-settled that her testimony has to be cogent, reliable and trustworthy,” the court said.
Her testimony, however, was neither of sterling quality nor did it inspire confidence, it added.
The court said there was no medical or forensic evidence to prove she was drugged, and when she was admitted to a hospital after the alleged rape, her vitals were found to be normal.
According to the call details records, the court noted the woman was found to have made phone calls to her parents at the time she was allegedly drugged and unconscious.
Seen in the background of an existing matrimonial dispute, there was a possibility of the litigating parties exaggerating their versions to have a better bargain, the court said.
The order said the defence version of there being implication due to an ongoing dispute was probable.
“The testimony of the prosecutrix is not of quality and suffers from material contradictions as her version stands discredited in view of scientific/electronic evidence brought on record,” it said.
The prosecution has failed to prove its case beyond all reasonable doubts against the accused persons and therefore they deserve to be acquitted, the court held.
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