Court frees Delhi man in rape case as complainant turns hostile

A man facing trial for allegedly raping and outraging the modesty of a girl, was acquitted by a Delhi court after the complainant turned hostile.

Additional Sessions Judge Satish kumar acquitted Mohammad Aakil, a resident of north Delhi, of offences under various provisions of the Indian Penal Code (IPC), including rape, criminal intimidation, teasing and using vulgar gesture and actions and assault or criminal force to woman with intent to outrage her modesty.

The court also acquitted the complainant's mother, who was charged under sections 34 (criminal act with common intention), 509 (teasing and using vulgar gesture and actions) and 506 (criminal intimidation) of the IPC.

"Since the prosecutrix has not supported the case of prosecution in any manner against the accused persons and the prosecution has not been able to prove its case against the accused persons beyond all reasonable doubt and therefore, this court has no option except to acquit the accused persons. Therefore, in view of the aforesaid, accused Mohammad Aakil is acquitted of the charges," the court said.

It added that since the woman turned hostile and retracted her statement, the prosecution was not able to prove the guilt of the accused persons beyond all reasonable doubt and therefore, there was no order of compensation to the victim.

"Since the prosecutrix in this case has not supported the prosecution case and has changed her statement, there is no other independent material evidence on record. Hence, it would be a futile exercise to examine other witnesses cited by the prosecution in the list of witnesses in the chargesheet," the court said.

In her complaint, the girl had alleged that her mother was in a live-in relationship with the accused for the last 12 months.

According to the complaint, on August 22 last year, on the night of Bakra Eid, while the girl was sleeping with her mother, the accused forcibly established a physical relation with her.

The girl woke her mother up, but she caught hold of her and the accused forcibly established a physical relation with her, the complaint stated.

The statement was later retracted by the girl, who told the court that she had made the complaint against both the accused in a fit of anger.