"Though prosecutrix, during her cross-examination, resiled and took a U-turn from what she had deposed in examination in chief but her such reversal does not falsify or negate her categorical deposition made during examination in chief which has been found to be natural, clear, convincing, reliable and trustworthy," Additional Sessions Judge MC Gupta said.
The court, while holding Delhi resident Karan Bhasin guilty of rape under section 376 of the IPC, said, "It is well settled that the evidence of a hostile witness, to the extent, it supports the case of the prosecution, can be relied upon, if it is corroborated by other reliable evidence."
While awarding rigorous jail term to the convict, the court also imposed a fine of Rs 20,000 on him.
"It is well settled that rape is crime and not a medical condition. Rape is a legal term and not a diagnosis to be made by the medical officer treating the victim," it observed.
The court said that Mr Bhasin "failed to elicit" any material or relevant discrepancies or inconsistencies despite woman's searching cross examination except getting her to resile or take a U-turn on one date of hearing.
"Core facts about the committal of crime by accused have remained intact," it said.
According to prosecution, an FIR was lodged by the police on the complaint of the woman, a class four employee of Delhi Police and a divorcee, that she was repeatedly raped by Mr Bhasin on the false pretext of marriage and he had also made her drink sedative-laced drinks several times before establishing physical relations with her.
The judge, while sentencing the man, cited a Supreme Court observation in a rape case, that "sexual violence is not only an unlawful invasion of right of privacy and sanctity of woman but also a serious blow to her honour.
"It leaves a traumatic and humiliating impression on her conscience, offending her self-esteem and dignity. Rape is not only a crime against a woman, but a crime against the entire society."
The court noted that during the probe, the complainant had given in writing that she did not want to proceed with the FIR and she consented for the physical relation with the accused.
She had also moved the high court for quashing of the FIR, which was denied.
"The conduct of the complainant to mislead the probe agency... has been exposed," the court said.
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