Court acquits man accused of raping minor in 2020

New Delhi, Mar 11 (PTI) A Delhi court has acquitted a man accused of raping a girl in 2020, saying it could not be proved if the survivor was a minor aside from her testimony being "inconsistent".

Additional sessions judge Santosh Kumar Singh heard the trial of a man booked for rape, criminal intimidation under IPC aside from aggravated penetrative sexual assault under the POCSO Act.

In its order on February 25, the court said that the survivor's date of birth recorded in her school register, was not based on any "primary material".

Therefore, it said an incorrect record did not have any probative value.

"Since the prosecution has failed to prove that the victim was a child, therefore, the provisions of POCSO Act are not applicable," it added.

The prosecution then had to prove the accused threatened and repeatedly raped the survivor apart from criminally assaulting her.

"The victim’s testimony is vacillating, inconsistent, self-contradictory and she made vital improvements. This behaviour and the conduct cast serious doubts upon her entire testimony and make her testimony untrustworthy, blemished and unreliable," the court held.

The woman’s testimony, the court said, showed she was neither raped nor threatened nor criminally assaulted by the accused.

The court pointed out the forensic science laboratory report also negated rape.

Referring to the evidence, the court observed the woman seemed to be in a relationship with the accused.

"It has come on record that the place where the offence is alleged to have been committed was a place surrounded by other houses. Despite being so, the victim did not raise any voice or shout and went to the terrace of the second floor of the adjacent building to meet the accused," it added.

The order said she called the accused to meet her through Instagram chats. PTI MNR AMK