more-in A court here has acquitted a man in a rape case as the Delhi Police failed to produce the victim for recording of her evidence despite efforts being made to summon her through the Station House Officer and later the Deputy Commissioner of Police concerned. Divorce petition The woman had in her complained alleged that the accused had established physical relations with her and married her but refused to take her home. The woman had married the accused after filing a divorce petition against her previous husband. Both the accused and the victim hail from Haryana. The woman’s family had asked her to leave the house when they came to know about her relationship with the accused. “Despite repeated summons, the prosecutrix remained unserved and... despite best efforts, summons upon the prosecutrix remained unexecuted,” Additional Sessions Judge Ramesh Kumar-II said on the absence of the woman from trial. Counsel for the accused urged the court to close the examination of other prosecution witnesses, while the prosecution sought permission to examine those witnesses. However, the judge dismissed the prosecutor’s argument. “The prosecutrix being a material witness could not be served. It shows that the investigating agency failed to serve the prosecutrix despite several opportunities provided to it. Hence, prosecutrix not be summoned again,” the judge said. “In these circumstances, further trial will serve no purpose in absence of prosecutrix and her testimony. Hence, prosecution witness head constable Sanwaliya Ram is discharged, prosecution evidence is closed and... and accused Rajender Kumar is acquitted of the charge under Section 376 (2)(n) IPC,” the judge stated, acquitting the accused.

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