Press Trust of India | New Delhi
February 27, 2014 Last Updated at 18:15 IST
The court let off the Delhi resident relying on the testimony of the tenants who were also sleeping on the same rooftop on the day when the alleged offence was committed, saying "no incident of attempt to rape had taken place".
"The deposition of both the prosecutrix as well as PW-9 (prosecution witness-9 is brother-in-law of the victim) does not seem to be genuine or trustworthy. DW-2 (defence witness-2 is tenant) has deposed that PW-9 was having illicit relations with the prosecutrix.
"Even the prosecutrix's husband (PW-2) too has admitted in his cross examination that his wife was having an illicit relationship with his cousin (PW-9) and that his wife has lodged a false complaint against the man at the instance of PW-9," Additional Sessions judge Virender Bhat said.
The court further said, "Own witness of the prosecution, who is none other than the husband of the victim, says that the victim has lodged a false complaint against the accused."
The man was arrested by police on a complaint lodged by the woman, who had alleged that she was raped by him on the intervening night of April 19-20, 2013 while she was sleeping on the rooftop of the building where the accused also lives as tenant.
However, the accused refuted the woman's claim and said that she in connivance with her brother-in-law had lodged a false case as they had a quarrel over Rs 500 lent to her.
"Naturally, the tenant sleeping nearest to her would have been the first person to have risen up on hearing her cries. However, none of those tenants have been produced as witness by the prosecution. They were the very material witnesses for the prosecution and their deposition was very vital," the court said, adding that on account of non-examination of these material witnesses, adverse inference has to be taken against the prosecution.
Man acquitted in attempt to rape case | Business Standard
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