New Delhi: The Delhi high court has upheld the acquittal of a man in a gang-rape case, citing contradictions in the evidence of the victim, unexplained delay in lodging the FIR, and failure on the part of the prosecution to prove that the girl was a minor at the time of the incident.
The prosecution stated that there were five accused, including the brother of the present accused, who had allegedly sexually assaulted the victim in a bush near the Yamuna in 2014. However, the police could not arrest the other accused due to lack of their identity particulars.
Though the prosecution argued that the victim was a minor at the time of the incident,
it was not able to convince the trial court of this. There was also a delay of three months in lodging the case even after the victim had shared the incident with her sister one month after the act.
Citing the medical examination of the victim, the doctor contradicted the statement of the victim and suggested that nothing would come out in the internal examination.
He, however, mentioned in his evidence that “the victim neither allowed her internal examination nor agreed to collection of samples from her for the procedure.”
