A tutor accused of raping his minor student after administering her sedatives has been acquitted by a Delhi court which said the alleged victim is not a "credible witness".
Additional Sessions Judge Virender Bhat acquitted the man of the charges of rape, causing hurt by giving poison and threatening the victim, saying the conduct of the girl in accompanying the accused to some other places raises serious doubts about her version of the incident.
"In the instant case, I consider that the prosecutrix is not a credible witness as her testimony is in stark contrast to her statements recorded during the investigation. Her testimony is replete with embellishment and prevarications. It also does not inspire confidence," the court said.
According to the police, the girl's mother had lodged a case against the accused alleging that he had raped her in July 2012 in a house in Palam colony here after administering her sedatives.
She had told the police that the accused, who was also residing in the same locality, used to come to her flat to teach English to her daughter.
The mother in her complaint said that on the fateful day the accused asked her daughter to accompany him to his flat, where she was raped.
Accused during the trial had claimed innocence and had said that the girl was having a love affair with him, so her mother got him falsely implicated in this case, as she was against their relation.
"Lastly, the conduct of the prosecutrix in accompanying the accused to some other place,...That too without informing her mother, raises serious doubts about the credibility and reliability of her version of the incident," the court said.
The judge further said, "A strong probability arises from the evidence on record that the physical intercourse between the prosecutrix and the accused was a consensual one".
