New Delhi, Jun 19 (PTI) A Delhi court has acquitted two men accused of molesting and assaulting a woman in 2014, saying the prosecution failed to establish the charges beyond reasonable doubt and the complainant’s version was riddled with inconsistencies.
Additional Sessions Judge Yadvender Singh was hearing the case against Paryag Deep and Rudar Deep, accused of offences under IPC Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), 354 (assault or criminal force to a woman with intent to outrage her modesty), 354A (sexual harassment), 354B (assault or use of criminal force with intent to disrobe a woman) and 506 (criminal intimidation).
In an order dated June 9, the court said, “This comes to the conclusion that the case of the prosecution does not inspire confidence of this court as prosecution has failed to prove the guilt of accused persons beyond the reasonable doubt”.
The case pertained to an incident on March 26, 2014, in west Delhi’s Ranhola area. A woman alleged that the two accused, who were her relatives, stopped her while she was returning home, assaulted her, touched her inappropriately, tore her clothes and threatened to kill her.
While acknowledging that the testimony of an injured witness ordinarily carries great evidentiary value, the court said such evidence could not be accepted mechanically when material contradictions struck at the root of the prosecution case.
“When testimony of complainant becomes unreliable and the presence and alleged action of the accused persons could not be proved through any corroborative evidence by the prosecution, then in my considered opinion, the prosecution miserably failed to prove the charges,” the judge said.
The judge noted that the complainant claimed she informed doctors about the alleged molestation, but her medical record mentioned only an “alleged history of physical assault”.
The court also found discrepancies regarding the seizure of her allegedly torn clothes and said that the prosecution failed to establish an unimpeachable chain regarding the recovery of the garments.
A significant factor weighed by the court was the testimony of the complainant’s nephew, who took her to hospital. The witness stated that she had only informed him about a quarrel and injuries and had not disclosed any alleged act of molestation.
The court further said the incident allegedly occurred in a populated locality with shops nearby, yet no independent witness was examined to corroborate the allegations.
Both the accused were subsequently acquitted of all charges. PTI SKM PRK
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