Youth acquitted of raping sister-in-law
A youth accused of gangraping his sister-in-law along with his friend has been acquitted by a Delhi court on the ground that the medical and forensic report do not establish that she was raped.
Additional Sessions Judge Virender Bhat also noted that the plea of alibi raised by the accused persons during the trial was true and "the prosecution has miserably failed to prove the charges against" them.
"In the ultimate analysis, the testimony of prosecutrix is found to be neither trustworthy nor credible. It does not inspire confidence of the court. Her version of the incident appears to be highly improbable. Medical and forensic evidence do not corroborate her deposition.
"The alibi raised by both the accused appears to be true and genuine in view of testimony of the defence witnesses," the court said.
The two accused were apprehended by police upon the complaint lodged by the woman who alleged that she was gangraped by his husband's younger brother and his friend in January, 2013.
She had further told police that since her marriage in November, 2012, her husband used to quarrel with her over dowry and even pushed her out his house on January 3, 2013.
"However, she went back to her in-laws' house on January 5, 2013, but her husband and in-laws did not permit her to enter the house," the woman's counsel had said.
Thereafter, it was charged, when she went back to her in- laws' house on January 15, 2013, her brother-in-law locked her in a room and raped her along with his friend.
However, the judge said, "I also fail to persuade myself to believe that the accused would have the audacity to commit gangrape upon his own 'bhabhi' in his own house when his family members, including parents, were present.
"It is also not believable that the wife and the parents of the accused would have permitted him to commit gangrape upon the prosecutrix. There is nothing on record to show that the accused (had cast) a bad eye upon the prosecutrix or that there had been any quarrel between the two in the past, for which the accused intended to take revenge," it added.