NEW DELHI: In an alleged case of
sexual assault that took place at
JNU’s Jhelum hostel in 2012, a Delhi court has
acquitted the accused saying the
key eye witnesses — the complainant and another witness — have
remained untraceable.
“The allegation against the accused could have been proved only by the complainant and another witness. However, the report on summons issued to them shows that they have remained untraceable...” metropolitan magistrate Snigdha Sarvaria held.
On October 4, 2012, the accused allegedly entered one of the rooms in Jhelum hostel of JNU and tried to physically assault the woman with an intention to outrage her modesty. The complaint made to the police led to registration of an FIR.
The accused was chargesheeted following which charges were framed against him. To prove its case, the prosecution examined two witnesses, who are both policemen. But when it came to examining the complainant and another key witness, the police could not get them to depose.
The court observed that the prosecution was required to prove “beyond reasonable doubt” if the accused had used criminal force to outrage the complainant’s modesty. “There is no other material witness to the incident... Hence, due to lack of evidence, the accused is acquitted of the charges levelled against him,” the court said.