Victim was in 'love relationship': Delhi court acquits man accused of raping student

New Delhi [India], March 11 : A Delhi court has acquitted a man accused of raping a woman, observing that the victim was in a "love relationship" with the accused and so he did not commit rape upon her. The accused was the victim's neighbour.
The prosecution was not able to prove in court that the victim was a minor at the time of the incident. The counsel for the accused argued that the birth certificate the police were relying upon was forged.
They allegedly used to chat on Instagram. An FIR was lodged in October 2020 at the Police Station in Palam village.
Special judge (POCSO) Santosh Kumar Singh acquitted the accused and said that Prosecution had failed to prove the allegations beyond reasonable doubts.
"Therefore, in view of the above observations, reasons and discussions, the prosecution has miserably failed to prove the ingredients of Section 506/354/376(2)(n) of IPC," the court said in the judgment.
While acquitting the accused, the court observed that the victim was in a love relationship with the accused.
"It has not come on record that the accused, at any point of time, had threatened the victim or criminally assaulted her to outrage her modesty. It has not come on record that the accused had ever committed rape upon her, " the court held in the judgement.
The court also said that especially when the victim was not a minor and, therefore, being a major, the victim was at liberty to make decisions on her own for her well-being.
"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," the court noted.
The court further said that the conduct of the victim shows that she herself voluntarily called the accused to meet her by sending messages on Instagram. There was no persuasion by the accused.
"Therefore, the question of deciding the consent does not arise in view of the fact that the offence of commission of rape is not proved and biological FSL report is also negative," the court observed.
The court noted that as per the second FSL (forensic science laboratory) report regarding chats between the victim and the accused, no chats could be retrieved from the mobile phone during forensic examination.
The court also said that the testimony of victim does not qualify the parameters of 'Sterling Quality' because it is full of material inconsistencies, material contradictions and material improvements and hence, do no inspire the confidence of this court.
The court clarified that "No doubt, in rape/sexual assault cases, the accused can be convicted on the basis of sole testimony of the victim, provided the same inspires confidence of this court and appears to be absolutely trustworthy, unblemished and should be of sterling quality as has been held in Krishan Kumar Malik case."
Advocate Deepak Sharma, counsel for the accused, argued that at the time of the incident, the victim was not a minor, and that she was in a relationship with the accused. It was also argued that the birth certificate the police were relying upon was forged as it had no mention of the victim's name.
On the other hand, the Prosecution has relied upon the birth certificate, which shows that the victim was born on November 19, 2007.
The accused was arrested, and he was in custody for three years and eight months.