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Hans India
3 days ago
- Hans India
Delhi court acquits Army colonel in rape case
New Delhi : A Delhi court has acquitted an Army officer and his friend of rape charge, citing the complainant's "unreliable" testimony. Additional Sessions Judge Gagandeep Jindal highlighted the contradictions and inconsistencies in the complainant's testimony, besides the absence of forensic or medical evidence to prove the allegations and an unexplained delay in reporting the matter to the police. While the colonel was booked under Sections 376 (2) (n) (repeated raped), 328 (causing hurt by means of posion etc.), and 506 (criminal intimidation), both men faced Section 376 D (gang rape) of IPC. In an order dated May 30, and made available on June 2, the court said, "Solitary, uncorroborated and unreliable testimony of the complainant cannot be taken as a gospel truth on its face value in the absence of corroboration from any other independent cogent has failed to establish its case against the accused beyond a reasonable doubt." Referring to the complainant's version, the court noted that the first incident of rape took place in October 2016 in Delhi and last incident occurred in August 2021, but the matter was reported to police in November 2021. "There is a delay of more than five years from the first incident and delay of more than three months from the last incident of rape, in reporting the matter to police. The prosecution had tried to explain the delay by contending that the accused was having an obscene video of the complainant recorded by him on October 28, 2016," the court said. The court, however, said no such video was found during the investigation, and even the forensic analysis of the Army officer's cell phone did not reveal any such video. The order added, "The complainant is an advocate by profession. Therefore, it cannot be said that she was not aware of her legal rights. It is hard to believe that she continued to be a victim of circumstances for five years and simultaneously continued to provide legal advice to the accused." Pointing out the substantial delay in reporting the matter to police, the court observed the framing of the accused persons couldn't be ruled out, particularly given a dispute over the payment of the complainant's professional fee by the Army officer. Advocate Abimanyu Kumar from Tripaksha appeared for the Army officer.
Time of India
3 days ago
- Time of India
Delhi Court Acquits Army Colonel and Another Person of Rape Charges Due to Lack of Corroborative Evidence
New Delhi: A Delhi court has acquitted an Indian Army colonel and another person of the charges of aggravated rape, gang rape and other offences. On May 30, additional sessions judge Gagandeep Jindal had observed that the uncorroborated and unreliable testimony of the complainant could be relied upon in the absence of corroboration by cogent evidence. The court acquitted the two men, saying it was hard to believe that the complainant continued to be a victim of circumstances for five years while simultaneously providing legal advice to the accused. The court stated, "The solitary, uncorroborated, and unreliable testimony of the complainant cannot be taken as gospel truth in the absence of corroboration from any other independent cogent evidence. Thus, this court is of the considered opinion that the prosecution failed to establish its case against the accused beyond a reasonable doubt." The court was hearing the case against the colonel, who was charged under the Indian Penal Code's sections 376 (2) (n) (repeated rape), 328 (causing hurt by means of poison, etc.), and 506 (criminal intimidation). The colonel and his friend were also charged under Section 376D (gang rape) of IPC. Advocate Abimanyu Kumar of Tripaksha Litigation, appearing for the army officer, argued that the case was an abuse of process and a textbook case of false implication motivated by extortion and personal vendetta. The court admitted a dispute regarding the payment of professional fees by the accused to the complainant. According to the prosecution, in Oct 2016, the colonel and another man committed rape after drugging the complainant, a lawyer who was providing legal advice to the Army officer on his matrimonial dispute. The officer was said to have befriended the complainant's husband and family and continued to force the woman into a sexual relationship with him until Aug 2021. The court noted contradictions and inconsistencies in the complainant's testimony, besides the absence of forensic or medical evidence to prove the allegations and an unexplained delay in reporting the matter to police. Flagging the delay in filing a report with police, the judge noted that the first incident was listed as occurring in Oct 2016 and the last in Aug 2021, but the matter had been brought to the cops' notice only in Nov 2021. "The prosecution tried to explain the delay by contending that the accused had an obscene video of the complainant recorded by him on Oct 28, 2016," the court said but noted that no such video was found during the investigation. Even the forensic analysis of the colonel's mobile hadn't revealed any such video.
