Call records give the lie to rape charge

A woman uses a constable to threaten her husband on a criminal case she filed against her hubby. To get the constable on her side, she has consented sex with the constable...but suddenly changes stance and calls it a rape !!


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Call records give the lie to rape charge

Abhinav Garg , TNN, Mar 17, 2010, 05.33am IST

NEW DELHI: Relying on evidence gleaned from call records and mapping of the accused’ movement through location of cell phone towers, the Delhi High Court has acquitted a Delhi Police constable of raping a woman. Instead, the court found it was sex by consent.

A division bench comprising Justice Pradeep Nandrajog and Justice Suresh Kait reversed the ruling by a trial court and set free Vijender Singh, accused of raping a woman who ran a boutique in Kalkaji. The judges concluded that the duo had consensual sex as the woman wanted Singh, who was a beat constable in Kalkaji in 2004, to threaten her husband and in-laws.

‘‘It is apparent that the two were known to each other. It is apparent that the woman was using the services of Singh to further her interest in the criminal prosecution which she had launched against her husband and in return, he was using her youth...if at all they had sex in the night as claimed by the woman it has to be sex by consent,’’ the bench noted saying no offence of rape is made out.

HC zeroed in on the woman and her false claim after browsing through the detailed call records that showed how many times the duo conversed on their mobile phones on the night when she claimed she was raped. Evidence from the records showed the woman was in regular touch with Singh, with 8 calls exchanged between them on December 22 and 23, 2004. Moreover, the court also verified claims by Singh that he was seduced by the woman to have sex with her, by retracing his movement on the day of the alleged offence. The towers showed Singh’s presence at various locations, belying the claim of the complainant that she was raped on that day.

On her part, the woman had alleged she was raped and tried to make light of the several phone calls by claiming Singh must have called on her mobile and ‘‘left it open for 8 minutes.’’

While trashing her defence, the court also severely criticized the lower court for ignoring such strong material evidence in the form of call records. ‘‘The trial judge has dealt with the evidence in most clumsy and injudicious manner. He has treated the issue as if it was child’s play and has trivialized it,’’ HC noted.

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http://timesofindia.indiatimes.com/city/delhi/Call-records-give-the-lie-to-rape-charge/articleshow/5692323.cms