A man accused of raping and cheating a woman has been acquitted by a Delhi court as the victim failed to record her statement despite issuance of summons on several occasions.
"As the complainant is not available for her evidence and there is no incriminating evidence against the accused, consequently, no inference can be drawn that the accused is guilty of raping or threatening her," additional sessions judge Nivedita Anil Sharma said.
While acquitting Haryana resident Labh Singh, the judge said that precious time of the court should not be wasted in recording the evidence of formal or official witnesses when the complainant herself is not available.
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According to the prosecution, Singh on the promise of getting the woman a job had induced her to pay him Rs 3.6 lakh in cash.
On May 1 last year, he had allegedly raped her and also threatened her not to disclose the incident to anyone, the prosecution had said, adding he was later arrested by the police after the woman filed a complaint at Nangloi Police Station here.
On September 3, 2013, summons were issued on the woman for her appearance and recording of evidence after registration of the FIR.
She appeared only once before the court on November 22, 2013, when it was a holiday, and thereafter did not show up again.
On investigation, the police found her house locked and could not trace her whereabouts.
