Victim’s testimony totally untrustworthy: Delhi court acquits two in gang rape case

A Delhi court has acquitted two men accused in a 2020 gang rape case, saying that the victim’s testimony was totally untrustworthy and full of concealment and exaggeration.

Additional Sessions Judge Kadambari Awasthi was hearing the case against Sagar and Nikhil, who were facing charges under IPC sections related to gang rape, criminal intimidation and assault.

In an order dated May 30, the court said, “It is further established that the testimony of the prosecutrix is totally untrustworthy being full of material contradictions, concealment, improvement, exaggeration, inconsistencies and hence, does not inspire the confidence and creates a genuine doubt about her version in the mind of the court.”

According to the prosecution, the complainant had alleged that on October 22, 2020, the two accused took her to a guest house on the pretext of arranging her transfer in the civil defence department and sexually assaulted her.

The prosecution claimed that one accused allegedly raped the woman inside the hotel room while the other later sexually assaulted her. It was further alleged that the accused threatened her with dire consequences if she disclosed the incident.

During the trial, the prosecution examined 21 witnesses, including the complainant, hotel staff, police officials and forensic experts.

The court, however, said that while the testimony of a prosecutrix can form the sole basis for conviction, it must be of sterling quality and inspire confidence.

“In the consideration of the court, the sterling witness should be of very high quality and caliber whose version should therefore, be unassailable. The court considering the version of such a witness should be in a position to accept it for its face value without any hesitation,” the judge said.

The judge noted contradictions and inconsistencies in the complainant’s testimony and said that the prosecution had failed to establish the charges beyond reasonable doubt.

The court also took note of deficiencies in the electronic evidence, including the non-retrieval of relevant CCTV footage from the DVR seized during investigation.

“It is also established from his (witness) testimony that the prosecutrix had entered the room with accused Sagar at her own will without any pressure and coercion by any of the accused persons and also given her ID at reception,” the court said.

Appearing for accused Nikhil, advocate Prashant Diwan submitted that the complainant filed a false and frivolous case against his client with intention to extort money from him.

“Material contradictions have been exposed during cross-examination of prosecutrix which render her case untrustworthy and not proved,” he said. 

Counsel for Sagar, advocate Sarvesh Mishra contended that complainant has filed false and frivolous case against accused persons with intention to harass and put pressure on his client to marry her. He further submitted that the relationship with the prosecutrix was fully consensual.

“I arrived at the inescapable conclusion that the prosecution could not establish the necessary ingredients meant for proving charged offenses punishable under IPC Section 376-D, 323, 506 against accused Sagar and charges punishable under Section 376-D against accused Nikhil beyond all shades of reasonable doubts,” the judge said acquitting both the accused.