New Delhi: A Delhi Police constable, along with six others, has been acquitted of charges of allegedly gang-raping his wife, by a court here which held the testimony of the victim as unreliable, saying possibility of her being motivated or manipulated cannot be ruled out.
Additional Sessions Judge Nivedita Anil Sharma absolved constable Kapil Mohan Sharma, husband of the woman, Gajender Singh, Pradeep Dhama, Rishi Verma, Anil Sharma, Lalit Mohan, Raj Mohan, all Delhi residents, of the charges under section 376(2)(g)(gang rape) and 506 (criminal intimidation) of IPC.
"It is a case of heinous crime of gang rape and threat which carries grave implication for the accused, if convicted. For convicting any person for the said offence, the degree of proof has to be that of a high standard and not mere possibility of committing the offence...
"The prosecution story does not inspire confidence and is not worthy of credence. The gaps in the evidence, several discrepancies and other circumstances make it highly improbable that such incident ever took place," the judge said.
The court, while acquitting all the seven accused, noted that the woman's testimony was unreliable and she could not explain why there was a delay in lodging the FIR.
It observed that had the alleged incident occurred against the woman, she would have immediately approached the police or the court or at at least talked to her own family or friends and made sure that the legal action is taken against culprits.
"The woman herself is wife of a Delhi Police official. She is not an ignorant lady and is fully aware about the legal process and her rights," it said.
"These facts indicate that the possibility of the woman being motivated or manipulated and her version being untrue cannot be completely ruled out," the court said.
According to the prosecution, the woman had lodged a complaint on September 2, 2005 that she was gangraped by the seven men at the house of one of the accused here at the behest of her husband on August 6, 2005 and was threatened that she will be killed if she disclosed it to anyone.