The special fast track court, constituted to try the cases of sexual offence against women, let off Mohit Kumar observing that the girl had not said anything incriminating against him during her deposition before it and instead said that the allegations levelled against him were wrong.
"The prosecutrix has not deposed an iota of evidence of her being raped at all. She has not even mentioned the word 'rape' in her evidence nor has deposed anything incriminating against the accused Mohit Kumar," Additional Sessions Judge Nivedita Anil Sharma said.
The court also said the girl had turned hostile in her deposition and had not attributed any criminal role on the part of the accused.
"In the circumstances, as the prosecutrix who is the star witness has turned hostile and has not supported prosecution case and more importantly has not assigned any criminal role to the accused, the prosecution evidence is closed," it said.
During the trial, the girl told the court that she and Kumar were friends and they developed physical relationship in September, 2010 with her consent.
She deposed that Kumar had not raped her and she had filed the case against him as he was not returning Rs 40,000 which she had given him as a loan.
Police had told the court that a case had been registered against Kumar on a complaint by the girl who had alleged that from September 2010 till January last year, Kumar had been raping her on the pretext of marrying her.
Police had told the court that Kumar had taken Rs 40,000
cash and gold jewellery from the girl on the pretext of opening a lab and providing her a job. He, instead, cheated her by not fulfilling his commitment.
The court, in its order, noted the girl deposed that Kumar had never offered to marry her and she does not want any action against him.
She had also told the court that Kumar had not raped her and allegations levelled by her in the complaint were wrong and were made under a "misunderstanding".
"In the light of the aforesaid nature of deposition of the prosecutrix, who happens to be the material witness, I am of the considered view that her deposition cannot be treated as trustworthy and reliable," the court said.
"Consequently, no inference can be drawn that the accused is guilty of raping the prosecutrix. There is no material on record to suggest that the prosecutrix was raped. No case is made out against the accused as there is no incriminating evidence against him," it said.
New Delhi: A man, accused of raping and cheating a girl on the pretext of marrying her, has been acquitted by a Delhi court after the complainant said she had lodged the case as he did not return her money.
First Published: Sunday, February 03, 2013, 11:32