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A Delhi court has acquitted five youths from a case of kidnapping and gang-raping a 25-year-old married woman as the victim failed to identify them and resiled from her initial statement.Additional Sessions Judge Vijay Kumar Dahiya acquitted Delhi residents Raj Kumar, Rakesh, Rakesh Kumar, Rahul and Sandeep saying that the woman was a material witness of the case but has failed to utter even a single word against the accused.

“From the evidence of the prosecution, it is clearly revealed that the material witness (the victim) had not uttered even a single incriminating evidence against the accused.”Since there is not an iota of incriminating evidence against the accused, therefore the prosecution is held to have absolutely failed to prove its case against the accused persons,” the court said.

Acquitting all the five, the court said the victim, being a material witness, has not supported the case of the prosecution and resiled from her initial statement made to the police on the basis of which FIR was lodged.The prosecution said that the incident took place on June 5, 2011 when the woman had come to her parental house to meet her father who had met an accident and to celebrate her younger sister’s birthday.

On the fateful day, when she had gone out with her sister to celebrate her birthday at a nearby market, the five youths kidnapped both of them on knife point and drove them away in a car, it said.The victim’s sister, however, was let off as she was pregnant, while the woman was taken to a secluded flat in West Delhi where she was gang raped by them, the police said.

During the cross-examination before the court, the victim took a U-turn saying she had not told the police that she was raped by any of these five accused.”She did not even identify any of the accused during the TIP (test identification parade) at the Tihar Jail,” the court said, adding “needless to say that in the present facts and circumstances of the case, examination of the accused under section 313 CrPC has also been dispensed with, consequently, accused are acquitted of the charges for which they had been facing trial.”

“She (victim) has further denied the suggestion that she deliberately did not identify the accused in the court or that all the accused present in the court are the same persons who had committed rape with her June 5, 2011…,” ASJ Dahiya observed

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