Court acquits man, wife in sexual assault case

“Holding that the accused did not commit any offence and it was the victim who has tried to implicate them because of one-sided love affair,’’ said a Delhi court while acquitting a man and his wife in a case of sexually assaulting a minor.

The prosecution had chargesheeted accused Alok Kumar’s wife for abetting the alleged crime.

The alleged crime had taken place at the residence of the accused in New Delhi’s north-west Rohini in 2012. The victim was that time staying with her cousin brother while the accused stayed in their neighbourhood.

Additional Sessions judge Amit Kumar acquitted both accused on the grounds of delay in lodging the case by the victim and unreliability of her evidence. “It is important to note that there is unexplained delay in lodging the FIR. The alleged incident took place in April-May, 2012 till October, 2013 but present FIR was lodged on June 29, 2014 [29.06.2014] and this inordinate delay has not been duly explained... ,’’ the judge said.

Victim refused medical

“Further, the victim refused her internal examination in the medical. In the brief history recorded in the MLC as narrated by the victim,she has stated that she was called by the accused Geeta i.e. wife of accused Alok Kumar. When she was sitting with accused, Geeta went out and Alok locked the door and physically assaulted her but did not rape her . She did not mention anything about the sexual assault and rather specified that she was not raped,’’ the judge stated.

“It is important to note that victim tried to clear this controversy during her examination in the court by saying that accused Alok threatened her before her medical examination on phone not to disclose about sexual assault to the doctor and because of that threat, she did not tell this to the doctor but on the basis of cross-examination of her brother (another cousin brother of the victim), it is sufficient to disbelieve her,’’ the order said.