Molestation case: Man freed after minor resiles from statement in Delhi
A man has been acquitted of the charge of molesting a 15-year-old girl by a Delhi court after the victim resiled from her statement and pleaded that the proceedings against him be dropped.
New Delhi: A man has been acquitted of the charge of molesting a 15-year-old girl by a Delhi court after the victim resiled from her statement and pleaded that the proceedings against him be dropped.
Additional Sessions Judge Gulshan Kumar absolved south Delhi resident, Vijay, after the girl and her father informed the court that he had apologised for his act and pleaded that the proceedings against him be discontinued.
"Since the material witnesses number one (girl) and two (father) have not supported the prosecution case fully, I am of the considered view that prosecution has miserably failed to prove its case beyond reasonable doubt. Accordingly, Vijay is acquitted of the offences," the judge said.
The court acquitted him of the charges under sections 354 (molestation) and 509 (word or gesture intended to insult the modesty of a woman) of IPC and section 8 (sexual assault) of Protection of Children from Sexual Offences (POCSO) Act.
It also relied on the testimony of the girl's father that the complaint was lodged due to some misunderstanding and at the instance of the police officials.
The court also noted that the girl had supported the prosecution case in her examination-in-chief, but failed to support in cross-examination and hence her testimony was "not reliable and trustworthy".
According to the prosecution, on January 23, 2013, she was standing on the terrace of her building when Vijay made obscene gestures at her from a across a street.
Thereafter, he came on the roof top and misbehaved with her by holding her hand, it said, adding that when she raised an alarm, he ran away.
During the trial, he had denied the allegations and claimed that he was falsely implicated in the case.