New Delhi [India], December 30 : A sessions court at Tis Hazari Courts has acquitted Manjeet Kharab, son of former MLA Ranbir Kharab, of all charges in a rape and criminal intimidation case, holding that the prosecution failed to prove its case beyond a reasonable doubt.
The judgment was pronounced by Additional Sessions Judge Vishal Pahuja in FIR registered at Paschim Vihar West police station under Sections 376, 417, 323 and 506 of the Indian Penal Code.
The court recorded that there were material contradictions and inconsistencies in the testimony of the prosecutrix, and that her version did not inspire confidence in the absence of independent corroboration.
The prosecution alleged that the accused had repeatedly established physical relations with the complainant on the false promise of marriage, concealed his marital status, compelled her to consume abortion pills, and later threatened her with circulation of obscene photographs.
During the course of trial, the prosecution examined five witnesses, including the complainant and police officials.
After a detailed evaluation of the evidence, the court observed that the complainant's statements varied substantially across her initial complaint, her statement under Section 164 CrPC, and her deposition before the court.
The court also noted an unexplained delay of several months in lodging the FIR, despite the complainant being aware of the accused's marital status during the relevant period.
The court further held that allegations regarding pregnancy, miscarriage, threats, and possession of obscene photographs were not supported by medical, forensic, or documentary evidence. Forensic examination of the accused's mobile phone did not yield any obscene material, and hotel records relied upon by the prosecution were found insufficient to conclusively establish the accused's presence.
Advocate Ravi Drall and Aditi Drall appeared for the accused and argued that the prosecution case was built on conjectures and afterthoughts, lacking credible and consistent evidence.
Reiterating that a conviction in sexual offence cases can rest solely on the testimony of the prosecutrix only if it is of sterling quality, the court held that the prosecution had failed to establish the essential ingredients of the offences alleged. Consequently, Manjeet Kharab was acquitted of all charges, and the case file was directed to be consigned to the record room.