New Delhi: A man accused of raping a woman has been acquitted by a Delhi court after she turned hostile, with the judge observing that a court has to confine itself to testimonies of witnesses and cannot be swayed by emotions or reporting by media.
"Today there is a public outrage and a hue and cry is being raised everywhere that courts are not convicting rape accused. However, no man can be convicted if the witnesses do not support the prosecution case or give quality evidence, as in the present case where the woman is hostile," Additional Sessions Judge Nivedita Anil Sharma said.
According to prosecution, the woman, who was living separately from her husband, lodged a complaint in March this year, alleging that the man had raped her in her house.
However, later, she turned hostile saying that on September 16, she had married the accused who was the father of her second child and she lodged the complaint due to pressure from well wishers.
The judge said that it should not be ignored that the "court has to confine itself to the ambit of law as well as testimonies of witnesses and is not to be swayed by emotions or reporting in the media".
The court, while absolving the accused of offences under sections 376 (rape) and 354 (molestation) of the IPC, noted that the alleged victim, who was a mother of two children, had resiled from her complaint, saying physical relations between her and the man were consensual.
"The prosecutrix has deposed that the accused has not committed any offence. She has admitted that she had physical relations with the accused with her free consent. She has deposed that the accused may be acquitted," it said.
During the trial, the accused had denied the allegations and claimed that he was falsely implicated.