A court here has acquitted a man in a case of alleged sexual assault on an Irish woman at a hotel in Paharaganj in 2018, terming the prosecutrix allegations doubtful. The woman was on a tour of the country.
The blood sample of the accused did not match with the DNA of the sample lifted from the pillow cover on the bed. A delay of two days in lodging an FIR by the victim also created doubt in the mind of the court benefiting the accused.
“The prosecutrix herself is not sure that she was being raped by the accused as she had admitted that she was asleep, and she had deposed that she believes that the accused had done sexual intercourse with her and she do not know if the same was done by the accused. If the prosecutrix herself is not confident as to what had happened, then her testimony cannot be considered as of sterling quality and cannot be relied upon and inspires no confidence and benefit of doubt is to be given to the accused,” Additional Sessions Judge Satish Kumar said.
“The prosecutrix is a highly qualified and matured lady and she alleged that the accused raped her on July 21, 2018, whereas she had reported the matter to the police on July 23 and there was unexplained delay in lodging the FIR... It also creates a doubt to the prosecution story,” the Judge said.
“Therefore, in these facts and circumstances, this court is of the considered view that the prosecution has not been able to prove the charges against the accused,” the Judge said.