Additional Sessions Judge Nivedita Anil Sharma made the observation while acquitting a Delhi resident after the alleged victim retracted and turned hostile in the case. "In the present case, the accused has been acquitted of the charge of rape as the prosecutrix retracted and turned hostile.
In the circumstances, such a person, an acquitted accused, who has been acquitted honourably, should he now be addressed as a rape case survivor? "This leaves us with much to ponder about the present day situation of the veracity of the rape cases," the judge said.
The court also noted that today there is a public outrage and a hue and cry is being raised everywhere that courts are not convicting the rape accused, "however, no man, accused of rape, can be convicted if witnesses do not support prosecution case or give quality evidence".
According to the police, in June last year, the accused had allegedly repeatedly raped the complainant for about four months while threatening to kill her children. He had also allegedly committed theft of ornaments and Rs two lakh cash from her in-laws house.
The accused was later arrested and charges were framed against him under sections 376 (rape), 380 (theft in dwelling house) and 506 (criminal intimidation) of IPC, it said. During the trial, however, the woman changed her statement and said she had not made any rape complaint against him and prayed before the court to release him from jail and acquit him of the charges.