New Delhi: Four persons, including a woman who was charged for abetting an alleged gang-rape in 2007, have been acquitted by a court after the "victim" did not support the prosecution`s case.
Additional Sessions Judge (ASJ) T R Naval acquitted Delhi residents Raju, Tejpal, their sister Beena and Praveen Kumar as the prosecution failed to prove its case against them.
The ASJ noted that the alleged victim has not supported prosecution`s version. "As material witness, she (alleged victim) did not support the prosecution case and remaining witnesses were of formal nature. Therefore, prosecution evidence was closed," the ASJ said.
The court did not record the statements of the accused as there was no incriminating evidence against them.
In his order, the judge also noted that the woman did not remember whether she was medically examined or not. "She did not remember whether her clothes were seized in the hospital or by the police. She was not threatened by any of the accused persons. No rape was committed upon her," the court observed.
"It is held that the prosecution could not prove its case against any of the accused beyond any reasonable suspicion and shadow of doubt that either all or any of accused persons in furtherance of their common intention had committed a sexual intercourse with the prosecutrix against her will...Or accused Beena abetted other accused person to commit gang-rape...
"...Or all or any of them in furtherance of their common intention committed an offence of assault or criminal force otherwise than on grave provocation...," the judge noted while giving the four the "benefit of doubt".
According to police, on June 15, 2007, someone knocked at the door of the alleged victim`s residence. After she opened the door, the woman found Beena standing there and soon thereafter, Raju, Tejpal and Praveen (Raju`s friend) entered her house.
Police had claimed that the victim was held at gunpoint and raped.
The woman had reported the matter to the police following which an FIR for offences under various sections of the IPC, including Sec 376 (g)(gangrape), was lodged against the accused.