A man accused of raping a woman belonging to Assam in September last year has been acquitted by a Delhi court as the victim failed to turn up before it for deposition.
The trial in the case began in February this year and was decided within three months in view of the direction of the Delhi High Court that all the cases involving people of the North-East region should be decided expeditiously.
Additional Sessions judge Nivedita Anil Sharma acquitted Ravi Kapoor, a resident of Punjabi Bagh here, saying that no inference could be drawn against him as the prosecution could not produce the victim in the court.
The victim did not appear before the court despite issuance of several summons to her. The police also told the court that a couple, with whom the woman was residing, had informed it that the victim was now married and she does not want to pursue the case.
"As the prosecutrix (victim) is not available for her evidence and there is no incriminating evidence against the accused, consequently, no inference can be drawn that the accused is guilty of raping or threatening her.
"Consequently, Ravi Kapoor, is hereby acquitted of the charge for the offences under sections 376 (rape) and 506 (criminal intimidation) of the IPC," the court said.
While acquitting Ravi, the judge noted that in cases where victims turn hostile, it is not possible for a court to convict a person of a charge like rape.
"Today there is a public outrage and a hue and cry everywhere that courts are not convicting the rape accused. However, no man, accused of rape, can be convicted if the material witness like the prosecutrix, does not appear or is not traceable....
"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 judge observed.
According to the prosecution, the victim was raped on September 20 last year in a house in East Punjabi Bagh by Ravi who had also threatened to kill her if she disclosed the incident to anyone.
The police said it could not contact the victim and she also failed to appear before the court despite repeated summons.
It also told the court that a couple, with whom the woman was residing, had informed it that the victim was now married and she does not want to pursue the case.
