Additional Sessions Judge Vikas Dhull absolved Delhi resident Chintu Kumar of the offence under section 10 of Protection of Children from Sexual Offences (POCSO) Act while observing that the child and her parents changed their stand and failed to identify the accused.
A man has been acquitted of the charge of sexually assaulting an 11-year-old girl after she and her parents failed to support the prosecution case in a Delhi court.
Additional Sessions Judge Vikas Dhull absolved Delhi resident Chintu Kumar of the offence under section 10 of Protection of Children from Sexual Offences (POCSO) Act while observing that the child and her parents changed their stand and failed to identify the accused.
"The child victim denied that accused had sexually assaulted her. Therefore, her testimony does not incriminate he accused in any manner. "Mother and father of the victim are also of no help to the prosecution case as they are not witness to the incident and whatever they have deposed is hearsay evidence and does not support the prosecution case," the judge said.
While acquitting Kumar, the court also noted that there was a delay of over five days in reporting the matter to the police which remained unexplained. "The nonexplanation of considerable delay also makes the prosecution case doubtful and possibility of accused being falsely implicated also cannot be ruled out," it said.
According to the prosecution, a complaint was lodged on July 7, 2013, by the girl's father alleging that on July 2, he and his wife had gone out leaving their two minor daughters at home and the elder one was sexually assaulted by their neighbour.
It said the girl narrated the incident to her father alleging she was forcibly taken to a room by the accused where he sexually assaulted her, but he fled after she raised an alarm and her younger sister knocked the door.
However, during the trial, the girl's father resiled from his statement and deposed in court that police officials had obtained his signatures on some blank papers. The accused had also denied the allegations against him and claimed he was falsely implicated.
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 "Sexual-Assault (Representational image)")
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