New Delhi: Two men, who were facing trial for allegedly gang raping a woman, have been acquitted by a Delhi court after she turned hostile and denied that they had sexually assaulted her.
Additional Sessions Judge Nivedita Anil Sharma acquitted Vipin and Satpal, residents of West Delhi, of the offences under various provisions of IPC including gang rape and causing hurt by poisoning a woman with an intent to commit an offence.
"The prosecutrix (woman), has not deposed an iota of evidence of her being intoxicated and raped at all. She has not even mentioned the word `rape` in her evidence nor has deposed anything incriminating against the accused," the judge said while acquitting Vipin and Satpal.
"The prosecutrix, who is the star witness, has turned hostile and has not supported the prosecution case and more importantly has not assigned any criminal role to both the accused.
"The precious court time should not be wasted in recording the evidence of official witnesses when the woman herself has not supported the prosecution case," the court said.
According to the prosecution, on December 31, 2013, Vipin and Satpal had mixed some intoxicating substance in the woman`s cold drink and raped her, following which a complaint was lodged by the woman.
The woman, however, changed her statement in the court, saying that she was neither raped nor intoxicated by Vipin and Satpal and that they be acquitted.
The woman told the court that she had consensual physical relations with Vipin and she had lodged the complaint with the police on the wrong advice of her well wishers.
While acquitting both the men, the judge noted that in cases where victims turn hostile, it is not possible for a court to convict a person of a charge like rape.
"It would not be out of place to mention here that today there is a public outrage and a hue and cry is being raised everywhere that courts are not convicting the rape accused.
"However, no man, accused of rape, can be convicted if the witnesses do not support the prosecution case or give quality evidence, as in the present case where the prosecutrix is hostile," the judge observed.
The judge also said that the court has to confine itself to the ambit of law and is not to be swayed by emotions.