Additional Sessions Judge Yogesh Khanna let off accused Vijay Bhatia and Neeraj Kumar saying the woman had levelled charges of rape against different persons at the same time.
The two had been facing trial for allegedly raping a woman at a flat owned by one Sonu Punjaban, who herself is facing trial for running a sex racket in the Capital.
"Statement given (by woman) to the doctor at the hospital is at total variance with her statement given to the police and her deposition in the court, wherein she levelled charges of rape against accused Vijay and not against accused Neeraj.
"Admittedly, accused person were known to the prosecutrix from prior to the incident as they all were part of some sex racket, hence it seems strange that prosecution witness (PW) 1 (the woman) would give the name of Neeraj, as a person who had committed rape upon her to a doctor, instead of Vijay.
"The doctor had no motive to record a wrong name of rapist," the court said, adding her allegation that she was raped in presence of 10 to 12 persons "also appears to be strange."
The incident had taken place at Sonu's flat at Mehrauli in South Delhi on May 31, 2010, the prosecution told the court adding Sonu, who is presently out on bail, was also present during the rape.
It said the victim, a Malviya Nagar resident had received a call from Vijay to come to his house at Anupam Enclave, which belongs to Sonu, where Neeraj was also present.
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She was friends with the two men, said the prosecution adding the woman had alleged that Vijay dragged her into a room and raped her, while Neeraj caught hold of her.
The victim somehow managed to escape and reported the matter to police at Mehrauli police, it said. (More)