The court held that medical evidence and gynaecological examination of the victim clearly indicated sexual assault, but due to her non-examination in the court, it could not be proved if the accused in the case was the culprit.
Additional Sessions Judge M C Gupta let off northwest Delhi resident Jitender accused of raping his 18-year-old maid on June 10, 2011.
His wife Babita, who was accused of abetting the crime, was also let off.
The court examined the statement of the victim given to the police and to the magistrate in which she named Jitender and Babita as accused.
It also examined the investigating officer, who took the victim for medical examination, the doctors who examined her and also perused her medical reports to conclude, "On a conjoint reading of medical evidence, the gynaecological examination of the girl together with the MLC of the accused Jitender, in the light of the biological evidence, clearly indicates taking place of sexual activity."
It, however, added that due to non prosecution and non examination of the victim in the court, her statements remained unproved and uncorroborated.
"Although, while discussing and analysing biological and serological evidence, it has been established on the record that sexual intercourse activity has taken place in instant case but due to non-prosecution and non-examination of the girl, this very piece of evidence also does not come to the rescue of the prosecution case," the court said.
The ASJ also noted that "It could not be proved on record that it was the accused Jitender who committed sexual intercourse with her without her consent and against her will and that accused Babita aided and abetted her husband, in commission of the offence."
The prosecution case was that the victim, hailing from West Bengal, was sent to Delhi in 2011 by her parents with a native of their village who was working as a maid here.
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