Acquitting a man of charges of raping his neighbour, a Delhi court has said while it was a "fit case" to put the complainant woman and her husband on trial for giving false evidence, it was refraining from doing so to save the couple's marriage.
Directing prosecution against the couple would be neither desirable nor in the interest of justice, Additional Sessions Judge Virender Bhatt said, adding "it is only the concern of this court that for happy and peaceful matrimonial relations between prosecutrix and her husband, this court has refrained from directing prosecution against the victim, her husband and her father in-law, for giving false evidence."
"I gave my serious thought to this issue. I felt that directing prosecution against all of them, for giving false evidence would have effect of again unsettling the matrimonial ties between the couple, which would be neither desirable and nor in the interest of justice," the judge said.
The court, however, held that "it was a fit case where prosecutrix (woman), her father-in-law and her husband should be sent for trial for having given false evidence."
Acquitting Najafgarh resident Sanjay of charges of rape and criminal intimidation, the court said, "There is no truth in the prosecution case and there is no credible or trustworthy evidence on record to support the charges against the accused."
"The evidence on record totally exculpates the accused. Therefore, he is hereby acquitted," the court said, while adding that the woman had filed a false rape case.
According to prosecution, the woman had alleged that Sanjay, who was her neighbour, had on February 10, 2011, gagged her when her husband was sleeping and had raped her at his house.
An FIR in this regard was lodged on August 2, 2011, on the order of a magistrate, while hearing a criminal complaint filed by the woman. Thereafter, Sanjay was arrested.
He had pleaded not guilty and claimed that he had been falsely implicated in the case.
