Man acquitted of rape as FIR filed after eight years

New Delhi: A Delhi fast track court has acquitted a man of charges of raping a girl for four years after it noted that there was a delay of eight years in lodging the FIR and the medical report of the prosecutrix, too, did not prove that she was sexually assaulted.

“The prosecution failed to prove its case against the accused. The medical report did not establish that the victim was raped. Even if the prosecution’s documents are to be believed, than also it cannot be proved that the accused raped or threatened the victim,” the court noted in its order.

The court said the accused, Mahender Kumar Sharma, is acquitted of all the charges levelled against him. Shailender Gupta, who was appearing for the accused, argued before the court there was a delay of eight years in lodging the FIR against his client by the victim.

“The prosecutrix alleged that in 1999, the accused took her to Ajmer, where he raped her in a hotel. But she did not lodge any case with the Ajmer police. She even did not tell the court the date of the incident. She then came back to Delhi with the accused. And after this, she claims that the accused had been raping her for years on the pretext of marriage. But she did not file any case against him. After eight years, she lodged the case. The medical report is contrary to her claims,” Mr Gupta argued before the court.  

The court noted in its order that eight years delay in lodging of FIR was not accepted. It also noted that prosecutrix did not tell the court the reason behind the delay in lodging the FIR.

According to the prosecution, the prosecutrix met Mahender Kumar Sharma, a resident of Southwest Delhi, in 1999. The prosecutrix had alleged that Sharma took her to Ajmer on the pretext of performing a special yagna and raped her.