A Delhi court has issued bailable warrant against a woman, who had accused a BJP MLA from Haryana and two others of allegedly raping her, after she did not appear in court for recording of her testimony.
The court said the woman was partly examined by the prosecutor on October 1 and she was bound to appear in court on the next date but she failed to appear.
"However, prosecutrix has not appeared despite being bound down. In the circumstances, bailable warrant in the sum of Rs 2,000 be issued against prosecutrix by ordinary process as well as through the investigating officer for December 19," Additional Sessions Judge Nivedita Anil Sharma said.
The woman, in her complaint to the police earlier, had alleged that she was raped by BJP MLA Umesh Aggarwal and his friend Sandeep Luthra at a Faridabad hotel and one Rekha had abetted the crime.
She, however, took a U-turn during her deposition in the court in October saying that she was not raped by them and she does not want any action against the accused, according to the lawyers who had attended the proceedings.
The three accused are presently out on bail.
The court had earlier framed charges against Aggarwal and Luthra for alleged offences of rape, causing hurt by means of poison and criminal intimidation under provisions of the IPC.
It had also framed charges against Rekha for alleged offences of abetment to rape. All the accused have denied the charges and pleading not guilty and claimed trial.
As per the police, the woman had alleged that on January 5, at the insistence of Rekha, both of them had gone to a hotel in Faridabad on January 3 where the incident allegedly occurred.
The girl in her statement to the police had alleged that
she was raped by Monserratte in the second week of March.
Police during the investigation has claimed to have recovered the blood stained linen and clothes of the girl which she wore during the incident.
Both would be sent for forensic examination.
Monserratte has already been subjected to medical examination including psychiatric test at Institute of Psychiatry and Human Behaviour near here.
The legislator was arrested on May 5 and was produced the next day before Judicial Magistrate First Class which had remanded him to three days police custody.
