A man and his nephew who were accused of raping and hurting their tenant have been acquitted by a Delhi court which said that the alleged victim's testimony did not "inspire confidence" and had "contradictions".
Additional Sessions Judge Virender Bhat let off the duo, saying that the woman's husband, who was an eyewitness to a fight prior to the alleged rape, was not even examined as a witness in the case and that raised an adverse inference.
"I find the testimony of the prosecutrix (woman) replete with contradictions and prevarications. She does not qualify as a sterling witness. Her deposition is not trustworthy and does not inspire the confidence of the court.
"Her version of the incident is not corroborated by any other evidence on record. Her husband and brother-in-law have not been examined as witnesses," the court said.
The woman in her complaint said that her husband and she were staying as tenants on the property of one of the accused and had lent Rs 5 lakh to the owner of the flat.
She told police that when her husband asked for the money to be repaid, the accused refused to do so and instead asked them to vacate the house.
On the evening of December 17, 2012, when her husband was away, the two accused came to her house and raped her after confining her inside, she had alleged.
Claiming innocence, however, the duo said that the woman and her husband had demanded Rs 5 lakh from them in lieu of vacating the house. Since they did not pay the money to the couple, they impleaded them falsely in the case, the accused had stated.
