New Delhi: A man accused of raping a school teacher after luring her on the promise of finding her a job has been acquitted by a fast-track court here which said the allegations are "not supported" by the woman`s deposition in the case.
Additional Sessions Judge Yogesh Khanna let off Delhi resident Manoj, saying the woman has nowhere in her testimony said she was "raped" by him or was abducted for an "illicit intercourse".
"A bare perusal of the statements, so recorded would show that prosecutrix has no grudge against accused (Manoj). She did not level any allegation of being raped by him at any time.”
"She did not depose that he ever abducted her with an intent that she may be compelled or forced for illicit intercourse or that she was subjected to rape by him. She even denied that she was ever threatened by the accused at any point of time," the court observed.
The court said, "Facts and circumstances rather go in favour of Manoj and as such the benefit of doubt is given to accused and he is acquitted of the charges under section 366 (abducted to compel a woman for illicit intercourse), 376 (rape) and 506 (criminal intimidation) of IPC. None of the charges are proved."
The judge also noted that that from the deposition of the woman and her aunt that "the atmosphere at the time of filing of complaint was surcharged as her husband had threatened to lodge a case against Manoj or else he would divorce her and it was due to the pressure that she lodged the present complaint for rape/threatening against Manoj."
Manoj was being tried by the court in a rape case lodged against him in July 2012 by the woman, alleging that the accused, who was her husband`s friend, had raped her after luring her with a promise of getting her a good job. The woman in her complaint to the police had said that she had a quarrel with her husband in 2009 following which she went to stay at her maternal aunt`s house in South Delhi.
According to the prosecution, while she was staying at her maternal aunt`s place, the accused started visiting her and one day asked her to accompany him for an interview.
The police had alleged that despite her resistance, Manoj had physical relations with her and took her nude photographs on his mobile.
He had threatened to expose her compromising pictures if she told anyone that he had raped her, the police had said.
The court, however, freed Manoj observing the woman had "stated that the accused had called her once or twice in connection with providing a job and she once met him but denied she was ever raped by him”.
"Rather she deposed that her nude photograph was shown to her husband by Sunil Tyagi, a friend of her husband, who alleged that he has received the MMS from the accused".
"...But there is no evidence if MMS travelled from his (accused) mobile to the mobile of Sunil and then to the mobile of her husband. Even then Sunil has not been made a witness in the present case," the court said, adding that the accused is entitled to benefit of doubt.
It also said the woman`s aunt and her husband had also deposed that the Manoj had not raped her.