A Delhi court has acquitted a man in a rape case after the police failed to produce the victim for recording of her evidence despite multiple summons. Additional Sessions Judge Ramesh Kumar granted the relief to the accused, a Haryana resident, at the stage of recording of evidence itself, saying no purpose would be served by conducting further trial in the absence of the complainant and her testimony.
The court noted that the complainant was not traceable and the summons could not be served to her by the investigating agency despite several opportunities provided to it. “Despite repeated summon, prosecutrix remained unserved and process in respect of prosecution witness, prosecutrix, was sent through DCP but it is received with the report that despite best efforts, summons upon the prosecutrix remained unexecuted,” the court, which was to record the victim’s statement, noted.
According to the prosecution, the woman had told the police that in 2015 she had developed friendship with the accused. In November that year, he established physical relations with her without her consent. Thereafter, he got married with her in January 2016 after she got pregnant but never took her to his home.
Thereafter, she registered an FIR alleging rape (section 376 of IPC) in June 2016 against the accused.