A man, accused of raping his neighbour after allegedly kidnapping and taking her away to West Bengal, has been acquitted by a fast track court which said the woman's deposition does not appear to be true.
Additional Sessions Judge Yogesh Khanna acquitted Subhash Roy, a native of Cooch Bihar district in West Bengal, saying the woman's statement that Roy had made her unconscious and taken her in a train all the way to his village "appears to be unconvincing".
The court here also pointed out that the woman's parents had not lodged a missing complaint during the one-month-long period of her alleged confinement in Cooch Bihar.
"The deposition of prosecutrix that she was allegedly made unconscious and taken to Cooch Bihar in a semi-conscious state appear to be unconvincing, coupled with the absence of her missing report by her parents show that she had accompanied the accused with her own consent.
"Deposition of prosecutrix does not appear to be truthful and hence the benefit of doubt ought to be given to accused. The accused is thus acquitted of the offences under sections 366 (kidnapping), 344 (wrongful confinement), 376 (rape) of the IPC," the court said.
The woman, in her complaint, had alleged that on October 28, 2009 afternoon while she was alone at her home here, Roy had come there and made her unconscious by covering her mouth with a cloth covered in some intoxicant.
Roy had then taken her to his native village in Cooch Bihar where he confined her in his sister's house and raped her for nearly a month, the woman had alleged.
She had said that after a month, the accused dropped her at the railway station in Ludhiana from where her mother brought her to Delhi.
