Ex-Army Major acquitted of rape of domestic help; Delhi court orders perjury complaint against the prosecutrix

The tribunal observed that the prosecutrix’s grounds was “full of worldly contradictions and improvements” and did not “inspire confidence”. “The word ‘aggrieved’ is not confined to the complainant and determination whitethorn beryllium cases wherever the accused tin beryllium the existent sufferer,” ASJ Kumar said successful his order.

“The estimation of immoderate idiosyncratic is built implicit the years and it involves a batch of hard work. It takes one’s beingness to physique a estimation and a fewer lies destruct the same. In the attending facts and circumstances, the tribunal is of the considered view, an acquittal simpliciter (simply) cannot compensate the agony of the accused, who had to acquisition the trauma of proceedings for specified heinous offences based connected a mendacious communicative of rape,” the Judge added.

Advocate Bharat Chugh, who represented the accused, argued successful tribunal that the erstwhile Army Major was being falsely implicated to extort wealth from him. Chugh besides argued that the prosecutrix changed her statements aggregate times and made a mendacious allegation of rape aft a nine-day delay.

As per the FIR, the alleged incidental took spot connected July 12, 2018. The aforesaid night, the prosecutrix’s hubby died by suicide, by hanging himself successful the servant quarters which was attached to the accused’s residence.  The prosecutrix had been staying determination for the past 3 months with her hubby and 2 children.

Additional Public Prosecutor Manisha Singh, representing the state, argued that the nine-day hold successful registering the FIR was owed to the trauma caused by her husband’s death. In her connection recorded during inquest proceedings (judicial enquiry to ascertain the facts of an offence), the prosecutrix stated that her hubby died by termination owed to a quarrel with her.

The FIR further alleged that astir 10 pm, the accused sent the prosecutrix’s hubby to the marketplace to merchantability an aged fridge and asked her to travel to his room. On her refusal, the FIR alleged, she was forcibly taken to the country aft the accused slapped her.

As per the FIR, the hubby of the complainant and the accused got into a scuffle aft the erstwhile saw his woman being molested. On being pushed by the accused, the complainant mislaid consciousness and recovered herself connected his furniture erstwhile she came backmost to her senses.

Pointing retired that nary purchaser of an aged fridge would beryllium disposable successful the marketplace aft 10 successful the night, the justice pointed retired a contradiction. While successful the FIR, the prosecutrix had deposed that her hubby went to the marketplace to merchantability the aged fridge, she denied this during cross-examination by the nationalist prosecutor.  Another contradiction noted by the tribunal was this – portion successful the FIR, it was alleged that aft the prosecutrix’s hubby left, the accused forcibly took the prosecutrix to his room; successful her cross-examination, this was absent.
The tribunal besides pointed retired that during her examination, the prosecutrix was “silent” astir her falling unconsciousness – which is mentioned successful the FIR.

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