No consistency in victim's testimony: Delhi HC upholds man's acquittal in rape case

The court noted the delay in filing the FIR—lodged nine days after the alleged April 1, 2015 incident—and that the woman continued working at the accused’s factory in the meantime.

NEW DELHI: The Delhi High Court has upheld a trial court’s decision to acquit a man accused of rape, stating that the woman’s testimony lacked consistency and did not inspire confidence.

Justice Amit Mahajan, in an order passed on June 17, dismissed the state government’s plea against the March 2018 verdict that acquitted the man of charges under IPC Sections 376 (rape) and 506 (criminal intimidation). “It is trite law that the accused can be convicted solely based on evidence of the prosecutrix as long as the same inspires confidence and corroboration is not necessary. However, the testimony of the prosecutrix is full of inconsistencies and the same does not inspire confidence,” the court observed.

The court noted the delay in filing the FIR—lodged nine days after the alleged April 1, 2015 incident—and that the woman continued working at the accused’s factory in the meantime. It also flagged contradictions in her husband’s statements and criticised the state for failing to present a credible case, refusing to grant leave to appeal.