NEW DELHI: Delhi’s Dwarka court recently acquitted an army colonel and his friend, accused of raping an advocate, noting the delay in filing the FIR, contradications in the testimony of victim and absence of corroborative forensic or medical evidence to prove the allegations.
While acquitting the accused persons, the Additional Sessions Judge (ASJ) Gagandeep Jindal noted the contradictions and inconsistencies in the complainant’s testimony.
An FIR was lodged at Dwarka 23 police station against the army officer under Sections 376 (2) (n) (repeated rape) by administering sedative laced drink and criminal intimidation. Police booked both accused for the offence of gang rape under Section 376 D (gang rape) IPC.
The court highlighted contradictions and inconsistencies in the complainant’s testimony, no forensic or medical evidence to prove the allegations against the accused, and an unexplained delay in reporting the matter to police.
“Therefore, keeping in view, all the facts and circumstances of the case, the solitary, uncorroborated and unreliable testimony of the complainant cannot be taken as a gospel truth on its face value in absence of corroboration from any other independent cogent evidence”, the court observed in the judgement of May 30.
The court held, “Thus, this court is of the considered opinion that Prosecution has failed to prove its case against the accused beyond a reasonable doubt.” Consequently, both accused are acquitted of the offence alleged against them, the court ordered.
As per the prosecution the first incident of rape took place on October 28, 2016 in Delhi and last incident occurred in August 2021 in Chandigarh. She reported the matter to the police in November 2021. The prosecution said that accused colonel raped the prosecutrix by threatening her to viral an obscene video of her.
While acquitting the accused, the court said no such video was found on the mobile during the investigation. Any such video was not found in the forensic examination. “The complainant is an advocate by profession. Therefore, it cannot be said that she was not aware of her legal rights. It is hard to believe that she continued to be a victim of circumstances for five years and simultaneously continued to provide legal advice to the accused,” the court said in the judgment.
While acquitting the accused, the court said that framing the accused over a dispute over the fee cannot be ruled out.
The victim alleged it the accused made a video of her during her rape in semi unconscious stage and thereafter he used to blackmail her on the basis of this video. (ANI)
