Man Accused Of Kidnapping, Raping Neighbour Acquitted
Another Shameful Case Of False Rape.....
Additional Sessions Judge Yogesh Khanna acquitted Subhash Roy, a native of Cooch Bihar district in West Bengal, saying the woman's statement that Roy had made her unconscious and taken her in a train all the way to his village "appears to be unconvincing".
The court here also pointed out that the woman's parents had not lodged a missing complaint during the one-month-long period of her alleged confinement in Cooch Bihar.
"The deposition of prosecutrix that she was allegedly made unconscious and taken to Cooch Bihar in a semi-conscious state appear to be unconvincing, coupled with the absence of her missing report by her parents show that she had accompanied the accused with her own consent.
"Deposition of prosecutrix does not appear to be truthful and hence the benefit of doubt ought to be given to accused. The accused is thus acquitted of the offences under sections 366 (kidnapping), 344 (wrongful confinement), 376 (rape) of the IPC," the court said.
The woman, in her complaint, had alleged that on October 28, 2009 afternoon while she was alone at her home here, Roy had come there and made her unconscious by covering her mouth with a cloth covered in some intoxicant.
Roy had then taken her to his native village in Cooch Bihar where he confined her in his sister's house and raped her for nearly a month, the woman had alleged.
She had said that after a month, the accused dropped her at the railway station in Ludhiana from where her mother brought her to Delhi.
During the trial, Roy had denied all the allegations and said that he was falsely implicated in the case. The court acquitted Roy while rejecting the contentions of the woman, saying, "It is hard to believe that any lady in an unconscious state, can be removed from a place like Delhi to a far off place like Cooch Bihar, West Bengal in a crowded train without being noticed either by the public or police."
The judge said that "the allegation that she was confined in a room of the house of the elder sister of accused for about a month does not appear to be convincing, since the sister of the accused has not been implicated as an accused."
The court said had she been raped and kept confined for over a month, then when she was being brought back to Delhi, she could have raised an alarm in order to get the accused arrested.
"She did not do so. Rather she got down at Ludhiana, went to the house of her mausi (aunt) and then returned to Delhi, and thereafter filed her complaint," it said.
Courtesy: The Indian Express
