A Delhi court has acquitted a man of the charge of sexually assaulting a 16-year-old girl as she said in her evidence that she had lodged the complaint as she was upset over a quarrel between her maternal uncle and the accused.
The girl was staying with her maternal uncle at the house of the accused at the time of the incident.
In her complaint to the Uttam Nagar police in north-west Delhi, the girl alleged that the accused sexually assaulted her inside the bathroom on the roof of the house.
The police had also recorded her statement accorded under Section 164 of the CrPC.
She turned hostile during the trial and gave a clean chit to the accused.
‘Upset over quarrel’
“She was upset over a quarrel between her mama [maternal uncle] and the accused. Therefore, she called the police. The accused had not done anything to her,” her trial deposition said.
Acquitting accused David Munda, Additional Sessions Judge Pritam Singh said: “The victim, who is the most important witness in the present case, has totally damaged the prosecution case by deposing that the accused had not done any wrong act... She made a complaint to the police as she was upset over the quarrel between her mama and the accused.’’
“She was cross-examined by the Additional Public Prosecutor but nothing material came in her cross-examination. She categorically deposed that the accused neither raped her nor tore her clothes nor touched her. Hence, the prosecution has failed to prove the charge under Section 4 and 8 of POCSO Act against the accused. Accordingly, the accused is acquitted of the charge of offence under Section 4 and 8 of POCSO Act ,” the Judge said.