'Too old to rape', 64-yr-old acquitted
'Too old to rape', 64-yr-old acquitted
Deshraj Saini, a Delhi resident, was absolved of charges under Sections 376 (rape) and 506 (criminal intimidation).

New Delhi: It was a case where the court came out in favour of a man accused of rape, citing age as one of the prima facie reasons. Sixty-four-year-old Deshraj Saini was charged with raping his tenant two years ago, but was on Monday acquitted by a Delhi Court.

Ruling that the victim's version was not corrborated with the evidence, Additional Sessions Judge Bharat Parashar said, "The testimony of the prosecutrix does not get support either from the medical evidence or even from the other facts and circumstances of the case."

Deshraj Saini, a resident of West Delhi's Narela, was absolved of charges under Sections 376 (rape) and 506 (criminal intimidation) of the IPC.

"In the medical examination of the accused, it has been stated that he was not producing semen. In these circumstances, it was important for the prosecution to prove that the accused who was aged 62 years (then) was capabale of having sexual intercourse," news agency PTI quoted the Judge as saying.

The court also noted that the "victim" had chosen to report the matter after a gap of more than two months. The woman contacted a social worker on July 24, 2005 and got an FIR registered in the Narela police station more than two months after the alleged incident. The court also noted that for the reasons best known to the IO, name of Jarina Begum was not mentioned in the witnesses'

"Thus, it is clear that the main ground for making a complaint was the issue of breaking open the lock of her room."

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