A man accused of assaulting and raping his tenant has been acquitted by a Delhi court which said that the woman "completely turned hostile and had not supported the case of the prosecution".
The court has also freed the two sons of the landlord, who were also facing trial along with their father since February this year, of the charge of physically harassing the woman.
"Considering the nature of the deposition made by the prosecutrix (woman) and her husband wherein they denied the sexual assault by any of the accused person or rape by accused (landlord),...
"Thus, considering the facts and circumstances of the case where the woman had completely turned hostile and had not supported the case of the prosecution, all the accused persons are entitled to be acquitted of charges framed against them," Additional Sessions Judge Yogesh Khanna said.
The accused were arrested on the complaint lodged by the woman, who had alleged that during her stay at the rented flat in South Delhi in February, she was raped by the landlord.
She had informed the police that when her husband and children were away, her landlord's two sons had physically assaulted her and later their father raped her when she went to complain about the attempt made by his sons.
However, the accused persons had claimed during the trial that they were innocent and have been falsely implicated. They also told the court that the victim had made a case against them on account of dispute regarding payment of rent.
Three were denied bail by a court and were lodged in jail after charge of molestation was made a non-bailable offence recently by the presidential ordinance amending provisions of the criminal law on sexual offences.
The three accused were charged under the new Section 354A of the IPC which deals with sexual harassment, physical contact, advances involving unwelcome and explicit sexual overtures, or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Provision of rape was also invoked against the landlord.
The offence of molestation was bailable earlier, but it was made non-bailable by an ordinance following the widespread protests after the December 16, 2012 gang-rape case.
