Man acquitted of rape charges as minor victim changes stand
24 Sep 2014 11:08 PM GMT
A man has been acquitted of the charge of raping a 13-year-old girl by a Delhi court after she resiled from her statement.
Additional sessions judge Rajneesh Kumar Gupta acquitted West Delhi resident Kalu of the offences under sections 376 ( rape), 506 (criminal intimidation) and section 4 (penetrative sexual assault) of Protection of Children from Sexual Offences Act.
‘The minor is the material witness in the case but she has not supported the case of the prosecution. No incriminating evidence has come on record against the accused. The prosecution has failed to prove its case against him. Thus, he is acquitted of the charge,’ the judge said.
According to the prosecution, on 17 December, 2013, the girl had told the police that on the evening of 1 December, 2013, Kalu forcibly took her to a deserted area near her residence where he raped her and video-recorded the incident. He also allegedly threatening her that he would circulate the recording if she disclosed the matter to anyone.
However, in her cross-examination, the girl said that Kalu was her neighbour and he didn’t do
anything to her.
She said she had a fight with him and he stopped talking to her because of which she was upset and disturbed.
Additional sessions judge Rajneesh Kumar Gupta acquitted West Delhi resident Kalu of the offences under sections 376 ( rape), 506 (criminal intimidation) and section 4 (penetrative sexual assault) of Protection of Children from Sexual Offences Act.
‘The minor is the material witness in the case but she has not supported the case of the prosecution. No incriminating evidence has come on record against the accused. The prosecution has failed to prove its case against him. Thus, he is acquitted of the charge,’ the judge said.
According to the prosecution, on 17 December, 2013, the girl had told the police that on the evening of 1 December, 2013, Kalu forcibly took her to a deserted area near her residence where he raped her and video-recorded the incident. He also allegedly threatening her that he would circulate the recording if she disclosed the matter to anyone.
However, in her cross-examination, the girl said that Kalu was her neighbour and he didn’t do
anything to her.
She said she had a fight with him and he stopped talking to her because of which she was upset and disturbed.
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