Court discharges two men in rape case citing call detail record

A Delhi court has discharged two people in a case of rape and recording a video of the incident, noting that documentary and scientific evidence ruled out the allegations.

Additional Sessions Judge Anu Grover Baliga granted relief to a Haryana resident, accused of rape, and his cousin, who had allegedly recorded video of the act, after their counsel pointed out the call detail records of the accused and other evidence in the case.

Advocate Amit Sahni, appearing for the accused, had submitted before the court that scientific evidence proved the allegations wrong and that no purpose would be served by continuing the proceedings any further in the case.

He added that the main accused was not even present in the national capital on the date of incident as he was attending physical examination for the post of constable in Haryana.

The counsel also pointed out that the FIR in the case was lodged after a long delay and the complainant has refused to undergo medical examination.

The court was also told by police that after inquiries it had emerged that the complainant and her husband "were in the habit of filing false complaints".

The court discharged the accused, saying that in view of the evidence in the case, "there is no grave suspicion arising against the accused persons to frame charge against them".

The police had not arrested the accused during the probe.

The complainant had claimed that the accused had raped her after giving her an intoxicant in July, 2016 in Dhaula Kuan area and his cousin had a made video of the act when her husband was lodged in Tihar central jail in a theft case.