The judge underscored that the prosecutrix had failed to identify all the accused in the court
Almost eight years after they were accused of sexually assaulting a woman, a court in Delhi has acquitted four men, saying the prosecution's case was doubtful and the benefit of the doubt should be given to them.
Additional Sessions Judge Rajinder Singh was hearing a case against the four accused, one of whom was charged under section 376 (rape) of the Indian Penal Code (IPC) and the others under section 376D (gang rape).
According to the prosecution, the woman, who was working as a domestic help, left her employer's house to meet someone on January 25, 2016, following which one of the accused took her to his room in west Delhi, where she was allegedly raped twice by the accused and his accomplices.
The court noted the prosecutrix's statement, which said the woman was with the culprits until 7 am on January 26, 2016. A prosecution witness, who took her to an NGO on hearing her plea for help, met the complainant on January 31, following which a case was lodged, it noted.
"It is not clear where the prosecutrix was from the evening of January 26 till January 31," the court said in its order dated December 11.
"Due to the non-explanation of the whereabouts of the prosecutrix for the aforenoted period as well as the delay in reporting the matter, the prosecution's case becomes doubtful," it added.
The judge underscored that the prosecutrix had failed to identify all the accused in the court and there was no forensic or medical evidence to connect them with the alleged incident of rape.
"The prosecution has failed to prove its case beyond reasonable doubt and the benefit of the doubt shall go to the accused persons," it said.
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