New Delhi: A Delhi court has acquitted a school teacher in an alleged case of rape filed by a woman in 2019 by saying if the prosecution case appears to be improbable or lacks credibility the necessarily the benefit of doubt necessarily has to go to the accused.
Additional sessions judge Pawan Kumar was hearing the case against a school teacher against whom the woman got a complaint registered by alleging, the accused entered iher room and forcibly raped on July 12, 2019.
The court said, ” On careful scrutiny of the facts and evidence and in the guiding light of settled legal positions, this court is of the view that the testimony of the prosecutrix is inconsistent in her statments throughout the investigation and trial. The credibility of the prosecutrix stands impeached and her testimony does not inspire confidence.
“The testimony of the prosecutrix is far from being of sterling quality. In the attending facts and circumstances, it would be highly unsafe to convict the accused on the basis of uncorroborated sole testimony of the prosecutrix”.
In a 21-page judgement passed on April 9, the court considered the evidence and held, “The court is of the considered view that the benefit of doubt goes in favour of the accused and therefore, accused Sunil Kumar stands acquitted of the offences for which he has been facing the trial”.
The First Information Report (FIR) under section 376/506 Indian Penal Code(IPC) was registered on July 16.2019, chargesheet was filed on November 6, 2019, charge framed on February 16, .2020, evidence was commenced from November 22.2022, judgment was reserved on April 2, 2025.
To prove its case, the prosecution examined eight witnesses before the court.
The Public Prosecutor argued before the court that the prosecutrix had categorically deposed before the court that she was subjected to forcible sexual relations by the accused on July 11, 2019.
It is further argued that apart from the alleged incident, the accused had sexual relations with the prosecutrix by making false promises of marriage. It is further submitted that the testimony of the witness is consistent, coherent and trustworthy. It is further argued that the prosecution has successfully proved the charges against the accused beyond reasonable doubt.
Vishal Vimal, counsel for the accused, argued before the court that the prosecutrix was in a consensual relationship with the accused and there was no commitment of marriage and she was already aware of the marital status of the accused.
It is further submitted that the prosecutrix has deliberately concealed the material facts of her previous sexual relationship with the accused. It is further submitted that the prosecutrix has submitted different versions in her various statments recorded during the investigation and trial. It is further submitted that there are material contradictions and improvements in the testimony of the prosecutrix.
