A youth has been acquitted of the charges of raping and confining a 19-year-old girl by a Delhi court which said due to the conflicting statements of the alleged victim, it cannot be held that she was raped.
The court also absolved another accused in the case of the charges of abetting the girl's rape and wrongfully confining her.
It acquitted Feroz of the charge of raping the girl while Nahim was freed of the charge of abetting her rape.
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"Deposition of prosecutrix, being totally inconsistent and contrary to the previous statements of victim, is not reliable or trustworthy. That apart, there are various other discrepancies in the prosecution case which make it intensely doubtful.
"Neither medical evidence nor forensic evidence supports the version of the prosecutrix. Hence, both the accused are liable to be acquitted and are hereby acquitted," Additional Sessions Judge Virender Bhat said.
The court said that "due to the conflicting statements given by the prosecutrix (victim), no certain inference can be drawn that she had been raped by the two accused".
It said there was no other evidence to corroborate the version of the girl that the accused had sexually assaulted her.
"The prosecutrix had been subjected to medical examination the very next day of the alleged incident, but no bruise or abrasion was found on her private part," the judge said.
The court said that despite the girl in her statement to the police and before magistrate had stated that Feroz raped her several times in a room, neither medical evidence nor forensic examination supported her allegations.
An FIR was lodged at Dabri Police Station on the complaint of the girl in May 2013 that Feroz had raped her several times after forcefully confining her in a room at Dwarka's Durga Park while Nahim had helped him in confining her.
Both Feroz and Nahim were arrested and they had pleaded not guilty saying that they were falsely implicated.
