Northeast woman absent, rape accused freed

NEW DELHI: A trial court has acquitted a man, who was accused of raping a woman from Assam in September last year, as the alleged survivor failed to turn up for deposition. The trial in the case began in February and was disposed of within three months in view of the direction of the Delhi high court that all the cases involving people from the northeast should be decided expeditiously.

Additional sessions judge Nivedita Anil Sharma acquitted Ravi Kapoor, a resident of Punjabi Bagh, saying that no inference could be drawn against him as the prosecution could not produce the woman in the court. While acquitting Ravi, the judge noted that in cases where survivors turn hostile, it is not possible for a court to convict a person of a charge like rape. The survivor did not appear before the court despite issuance of several summons to her. The police also told the court that a couple, with whom the woman was residing, had informed it that she was now married and does not want to pursue the case. "As the prosecutrix (the survivor) 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. Consequently, Ravi Kapoor, is hereby acquitted," the court said.

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