Man declared innocent from a charge of raping 12 year old cousin

A man has been acquitted of the charges of raping his 12-year-old cousin by a Delhi court after the girl admitted that she had lodged a false complaint.

"Victim deposed that due to the reason that accused used to call her insane, she lodged the present complaint against the accused," Additional Sessions Judge Gautam Manan said, while acquitting the accused.

"Similarly, mother of the victim has not supported the case of the prosecution and stated that on instigation of her neighbours, she got the complaint lodged against the accused through her daughter," the judge said.

The court absolved Samidul, a resident of Jahangirpuri here, of charges under sections 376(2)(f)(rape by a relative or person in authority towards woman), 506 (criminal intimidation) of IPC and section 6 (sexual assault) of Protection of Children from Sexual Offences(POCSO) Act.

The court also noted that the medical report of the girl did not suggest she was raped or sexually assaulted, saying, "there is no conclusive medical evidence to establish that the girl was sexually assaulted by the accused. As per her girl's testimony, the Investigating Officer did not collect any forensic evidence to relate the accused with the allegations made in the complaint. Hence, there is no evidence on record to establish that the victim was raped by the accused."

According to the prosecution, in November 2014, when the victim was going to purchase oil from a shop, Samidul called her to his house and allegedly sexually assaulted her. It said that the girl told her aunt (accused's mother) about the incident but no action was taken and the next day her cousin again allegedly raped her.

When she fell ill and her mother inquired, the girl narrated the incidents to her. Following this, a complaint was lodged and the accused was arrested. Later, the girl and her mother denied the allegations and said the accused was their relative and did not commit any wrong. The complaint was registered as he used to call her insane.

During the trial, the accused had pleaded innocence and claimed he was falsely implicated.