Additional Sessions Judge Vijay Kumar Dahiya acquitted Delhi residents Raj Kumar, Rakesh, Rakesh Kumar, Rahul and Sandeep saying that the woman was a material witness of the case but has failed to utter even a single word against the accused.
"From the evidence of the prosecution, it is clearly revealed that the material witness (the victim) had not uttered even a single incriminating evidence against the accused.
"Since there is not an iota of incriminating evidence against the accused, therefore the prosecution is held to have absolutely failed to prove its case against the accused persons," the court said.
Acquitting all the five, the court said the victim, being a material witness, has not supported the case of the prosecution and resiled from her initial statement made to the police on the basis of which FIR was lodged.
The prosecution said that the incident took place on June 5, 2011 when the woman had come to her parental house to meet her father who had met an accident and to celebrate her younger sister's birthday.
On the fateful day, when she had gone out with her sister to celebrate her birthday at a nearby market, the five youths kidnapped both of them on knife point and drove them away in a car, it said.
The victim's sister, however, was let off as she was pregnant, while the woman was taken to a secluded flat in West Delhi where she was gang raped by them, the police said. (MORE)