No rape accused can be convicted if the witnesses do not support the prosecution case or give quality evidence, a court here said Saturday while acquitting a man in a sexual assault case.
Additional Sessions Judge Nivedita Anil Sharma observed that there is a public outrage and a hue and cry is being raised all around saying the 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 or where the prosecutrix (alleged victim) is hostile," she said.
"It should not be ignored that the court has to confine itself to the ambit of law and the contents of the file as well as the testimonies of the witnesses and is not to be swayed by emotions or reporting in the media."
The court's opinion came while acquitting Ajayveer Singh, the man accused of charges related to rape, outraging a woman's modesty and others due to lack of evidence.
The court observed that the prosecution's case is neither reliable nor believable and the prosecution has failed to establish charges of rape, threat, and outraging the modesty of a woman.
"The evidence of the prosecutrix makes it highly improbable that such an incident ever took place. In fact, the prosecutrix has deposed that the accused has not committed any offence against her," the court said in an order delivered Monday.
The prosecution had alleged that Singh, a cousin brother of victim's husband, raped her at knife point on the midnight of May 24, 2013.
