New Delhi: A youth and his friend have been acquitted of charges of abducting and gang-raping his cousin last year by special fast track court here after the girl did not support the prosecution`s case.
Additional Sessions Judge T R Naval acquitted Delhi residents Shoaib and his friend Rashid of the charges of abducting, gang-raping and hurting the girl by giving her poison.
"It is held that prosecution could not prove its case against both or either of the accused beyond any reasonable suspicion and shadow of doubt that they both or either of them committed offence of kidnapping, abducting or inducing women to compel marriage, offence of causing hurt by means of poison and offence of gang rape under the IPC.
"Consequently, by giving them benefit of doubt, both the accused are acquitted for the said offences," the judge said.
According to police, the accused had abducted the 18-year-old girl in March last year and after confining her at several places, they had gang-raped her by mixing stupefying substance in her tea.
When the girl returned to her house after two months, she told the police that she had gone with accused Shoaib, son of her mother`s sister, and he had taken her to the houses of other relatives and friends.
She had said that she accompanied her cousin Shoaib on her own will and she was having an affair with him for past few months. She had said that he made physical relations with her on the pretext of marrying her and had later dropped her to her house.
The court, however, acquitted both the youths saying, "I come to the conclusion that prosecution has failed to prove its case against both the accused."
It also noted that the girl had said that none of the two accused had raped her. It said even the girl`s parents and brother, who were also witness, had failed to support the prosecution`s case.
The court closed the prosecution evidence and did not record the statements of the accused saying there was no incriminating evidence against them.