A labourer accused of raping a student has been acquitted by a Delhi court on the ground that the girl had accompanied him "voluntarily without any allurement or threat and probably to have a sexual encounter with him".
The court said, "The overall conduct of the prosecutrix (victim)... Shows that she had accompanied the accused voluntarily without any allurement or threat and probably to have a sexual encounter with him.
"It also appears that the sexual act between the two was with her consent and without any pressure or threat from the side of the accused," Additional Sessions Judge Virender Bhat said while setting free the labourer, engaged in whitewashing work.
The judge said, "This is manifest from the deposition of the victim where she says that she did not allow accused to complete the act as she felt intense pain and not because she was not agreeable to it. Had it been the case of rape and had it been the intention of accused to rape the victim, he would not have stopped..., there was no resistance from the victim's side."
The court also found the testimony of alleged victim untrustworthy and unsubstantiated by other evidence including the "medical evidence as well as forensic evidence".
The accused was arrested by the police on the complaint of class Xth student who had alleged that she came in contact with the accused through one of her classmates 3-4 days prior to the incident.
She had further stated that on July 27, 2012 after the school hours, the accused enticed her and took her to a vacant house at Bhagwati Vihar near Haryana Dairy here and raped her.
