Additional Sessions Judge Virender Bhat also noted that the woman's statement was neither "credible nor trustworthy" as she had changed her version of the alleged incident during her testimonies.
"Hence, I feel it totally unsafe and against the settled principles of criminal law to place any reliance upon the testimony of the prosecutrix (woman)," the judge said.
"She appears to be a prevaricate as she has described the incident differently in each of her statements and has been improving her version at each step," the court said while acquitting Delhi-resident Pushpender Kumar.
She had alleged in the court that on October 14, the accused came to her house when her husband was not present and assaulted her.
She also claimed that he tried to rape her but she somehow manage to escape and came outside the room.
During the trial, the accused told the court that he was falsely implicated as the woman had lodged the complaint at the instance of her husband to avoid paying rent to him.
The court, after going through the evidence, acquitted the accused saying, "The evidence led by the prosecution is shaky and far from being credible or trustworthy. The testimony of the prosecutrix (woman) suffers from embellishments and prevarications. It does not inspire any confidence at all."
"No other evidence on record supports or lends assurance to her version. To the contrary, the evidence lead by the accused in his defence demonstrates that no such incident, as projected by the prosecution did take place," it said.
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