New Delhi: A Delhi court has acquitted a youth of the charges of raping and beating up a student of Delhi University with the help of his sister-in-law, saying that the girl's version is "neither corroborated by medical nor forensic evidence".
Additional Sessions Judge Virender Bhat acquitted the youth and his sister in-law, both residents of Uttam Nagar, from the charges of offences under section 323 (voluntarily causing hurt), 342 (wrongful confinement), 506 (criminal intimidation), 376 (rape), 120B (criminal conspiracy) and 34 (common intention) of the IPC.
"It is seen that the version of the prosecutrix is not only doubtful or incredible but also improbable. There are contradictions between her testimony and that of her mother which go to the root of prosecution case," the judge said.
The court said that complainant's sister, a material witness in the case, was neither examined nor her version of incident is corroborated by the scientific evidences.
"Her sister, who seems to be a material witness, has not been examined. The version of the prosecutrix (girl) is neither corroborated by medical evidence nor by the forensic evidence," the court said.
"In view of the above, the prosecution case cannot be believed. It has failed to prove its case beyond reasonable doubt. With the result, both the accused are hereby acquitted, giving them benefit of doubt," it said.
Relying on the DNA report of blood samples collected from the girl and the accused, the court said, "The forensic evidence does not corroborate the version of the girl."
While noting that she was having an affair with the youth, the court said, "She had suffered bruises in the act of intense and intimate love making and sexual encounter with the accused either on the date of incident or on any day before."
According to prosecution, on May 18, 2013 an FIR was registered at Bindapur Police Station against the youth and his sister in-law on the statement of the girl who alleged that she had been raped by him at his sister-in-law's house.
She alleged that youth's sister-in-law, who was her neighbour, had helped him to rape her by bolting the door of the room.
She also alleged that the boy had beaten her with a slipper after raping her.
However, during her cross examination before the court, the girl claimed that she was in love with the youth for the past two-three years and had physical relations with him before the incident of rape.
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