Rape accused acquitted after DNA test fails to support charge

Two men accused of illegally confining a woman in their shop and raping her have been acquitted by a Delhi court after the DNA report failed to support allegation of sexual assault.
Additional Sessions Judge Virender Bhat absolved the two Delhi residents of rape charges, saying, "I find it difficult to believe that the rape victim who is in a state of immense shock and trauma would engage into sexual intercourse with her husband after the incident of rape.
"Thus, in my opinion, the testimony of the prosecutrix (woman) is full of vital discrepancies which go to the root of the prosecution case. Her deposition is neither credible nor trustworthy. It does not inspire the confidence of the court. There are major lacunae in the woman's testimony which make prosecution case intensely doubtful," he said.

The court said her testimony was not supported by either the medical evidence or the forensic evidence and found it against the interest of justice to rely upon any portion of the testimony of the prosecutrix or her husband, adding the prosecution has failed to prove the charges against the accused beyond reasonable doubt.
It said the DNA report also did not support the allegation of rape as the male DNA profile isolated from her body and her salwar was not found to be similar to the DNA profile extracted from the blood samples of the accused.
The woman in her complaint to the police had alleged that on March 3, 2013 she was called by her husband's friend at his shop here and was raped by him along with his helper.

She had further alleged that on the day of incident, she went to look for a rented accommodation in West Delhi, as she intended to get her children admitted in a government school at Bijwasan here.
The main accused, a furniture shop owner in the area, had opposed the woman's claim and said that he had been falsely implicated at the instance of the victim's husband in order to avoid payment of Rs 3,700 on account of balance price of the furniture items purchased by them.