Delhi: Rape accused acquitted, judge warns complainant over false evidence

New Delhi: Acquitting a man of charges of raping his neighbour, a Delhi court has said while it was a “fit case” to put the complainant woman and her husband on trial for giving false evidence, it was refraining from doing so to save the couple’s marriage.

The court noted that the woman’s husband “had gained knowledge about her illicit relations with the accused” and she had lodged a “false complaint of rape” after she came to know that he has filed a divorce petition.

Directing prosecution against the couple would be neither desirable nor in the interest of justice, Additional Sessions Judge Virender Bhatt said, adding “it is only the concern of this court that for happy and peaceful matrimonial relations between prosecutrix and her husband, this court has refrained from directing prosecution against the victim, her husband and her father in-law, for giving false evidence.”

“I gave my serious thought to this issue. I felt that directing prosecution against all of them, for giving false evidence would have effect of again unsettling the matrimonial ties between the couple, which would be neither desirable and nor in the interest of justice,” the judge said.

The court, however, held that “it was a fit case where prosecutrix (woman), her father-in-law and her husband should be sent for trial for having given false evidence.”

Acquitting Najafgarh resident Sanjay of charges of rape and criminal intimidation, the court said, “There is no truth in the prosecution case and there is no credible or trustworthy evidence on record to support the charges against the accused.”

“The evidence on record totally exculpates the accused. Therefore, he is hereby acquitted,” the court said, while adding that the woman had filed a false rape case.

According to prosecution, the woman had alleged that Sanjay, who was her neighbour, had on February 10, 2011, gagged her when her husband was sleeping and had raped her at his house.

An FIR in this regard was lodged on August 2, 2011, on the order of a magistrate, while hearing a criminal complaint filed by the woman. Thereafter, Sanjay was arrested.

He had pleaded not guilty and claimed that he had been falsely implicated in the case.

The court, while acquitting him, also said, “The evidence suggests that in-laws of the prosecutrix including her husband had gained knowledge about the illicit relations of the prosecutrix with the accused and had come to know on the date of incident also that she has gone to the house of the accused voluntarily.

“It is further manifest from the record that no incident of kidnapping or rape has taken place. The prosecutrix had lodged a false complaint of rape on coming to know that her husband has filed a divorce petition against her and out of her desire to save matrimonial ties with her husband,” the court said.

PTI