Victim turns hostile, man acquitted of rape charge

‘Case filed due to misunderstanding’

October 04, 2017 01:41 am | Updated 01:41 am IST - New Delhi

A Delhi court has acquitted a former Himachal police employee of rape charge as the victim turned hostile in the trial.

The woman stated in her evidence in the trial that she had lodged a complaint against him due to some misunderstanding after he refused to fulfil his promise to marry her after establishing physical relations with her in a hotel in 2016.

Statement recorded

The victim had come in contact with Baban Singh through her sister, who was his batchmate during graduation in Himachal Pradesh. The woman had said in her complaint that Mr. Singh had sex with her despite her refusal. She had reiterated these charges in a statement recorded by a Metropolitan Magistrate.

“From close scrutiny of testimony of the prosecutrix, the star witness of this case, it is found that she has turned hostile and has not supported the prosecution on any material aspect of the case. No incriminating evidence has come on record to proceed further,” Additional Sessions Judge Ramesh Kumar-II said in his judgment.

“Hence, in these circumstances further trial of case would not serve any purpose. Hence, the request of the Additional Public Prosecutor is declined and prosecution evidence is closed. Since no incriminating evidence has come on record, recording of statement of the accused is also closed. Accordingly, the accused is acquitted of the charge under Section 376 IPC,” the judge added.

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