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MUMBAI: A trial court recently acquitted an engineering student accused of raping a student.

The court held the prosecution had “miserably failed” to prove its case. Acquitting Abhishek Ayare, 26, sessions judge, A D Deo, ruled her testimony was “not creditworthy and reliable.”

The student had been arrested after the girl lodged an FIR in May 2014. He was on bail during the trial.

The complainant had alleged he had made repeated calls to her on the day of the crime and had raped her at his house. The court said there was no corroborating evidence of any calls made by him and the text message she admitted to having sent him that day clarified she had contacted him. Defence advocate Sushil Gaglani had pointed out neither was there any call data record produced by the prosecution nor was there any scientific or forensic test done to prove alleged bite marks on the complainant’s body were of the accused.

The court said Gaglani had rightly pointed out that “though the spot of the incident was in a thickly populated residential area, it is apparent from the testimony of the prosecutrix that she did not raise a hue and cry-…Such conduct of the prosecutrix raises doubt about the incident.”

The court also said her testimony revealed “she had an affair with the accused for more than three years.” The court held, “There is nothing on record that the accused has ever misbehaved with the victim.”

While the SC has held rape convictions can be based on uncorroborated testimony of the victim, such testimony has to inspire confidence. In this case, the trial court found the complainant had “come up with inconsistent versions with regard to penetrative sexual assault.”

(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)

