‘Benefit of doubt’ for four in gang rape case
Four persons, including a woman who was charged with abetting an alleged gang rape in 2007, have been acquitted by a court after the “victim” did not support the prosecution’s case.delhi Updated: May 14, 2013 00:28 IST
Four persons, including a woman who was charged with abetting an alleged gang rape in 2007, have been acquitted by a court after the “victim” did not support the prosecution’s case.
Additional Sessions Judge (ASJ) TR Naval acquitted Delhi residents Raju, Tejpal, their sister Beena and Praveen Kumar as the prosecution failed to prove its case against them.
The ASJ noted that the alleged victim has not supported prosecution’s version and acquitted the accused giving them ‘’benefit of doubt’’. “As material witness, she (alleged victim) did not support the prosecution case and remainingwitnesses were of formal nature. Therefore, prosecution evidence was closed,” the ASJ said.
The court did not record the statements of the accused as there was no incriminating evidence against them. In his order, the judge also noted that the woman did not remember whether she was medically examined or not.
“She did not remember whether her clothes were seized in the hospital or by the police. She was not threatened by any of the accused persons. No rape was committed upon her,” the court observed.
According to police, on June 15, 2007, someone knocked at the door of the victim’s residence. After she opened the door, the woman found Beena standing there and soon thereafter, Raju, Tejpal and Praveen (Raju’s friend) entered her house.Police had claimed that the victim was held at gunpoint and raped.
The woman had reported the matter to the police following which an FIR for offences under various sections of the IPC, including Sec 376 (g)(gang rape), was lodged against the accused.