Rape accused let off due to absence of victim during trial

A man accused of raping his maid and his wife charged with abetting the crime have been acquitted by a Delhi court due to absence of the victim during the trial even as her medical reports confirmed sexual assault.
The court held that medical evidence and gynaecological examination of the victim clearly indicated sexual assault, but due to her non-examination in the court, it could not be proved if the accused in the case was the culprit.
Additional Sessions Judge M C Gupta let off northwest Delhi resident Jitender accused of raping his 18-year-old maid on June 10, 2011.
His wife Babita, who was accused of abetting the crime, was also let off.

The court examined the statement of the victim given to the police and to the magistrate in which she had named Jitender and Babita as accused.
It also examined the investigating officer, who took the victim for medical examination, the doctors who examined her and also perused her medical reports to conclude, "On a conjoint reading of medical evidence, the gynaecological examination of the girl together with the MLC of the accused Jitender, in the light of the biological evidence, clearly indicates taking place of sexual activity."
It, however, added, that due to non�prosecution and non�examination of the victim in the court, her statements remained unproved and uncorroborated.

"Although, while discussing and analysing biological and serological evidence, it has been established on the record that sexual intercourse activity has taken place in instant case but due to non-prosecution and non-examination of the girl, this very piece of evidence also does not come to the rescue of the prosecution case," the court said.