Sodomy accused freed as victim can`t recall 12-yr-old incident
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Last Updated: Friday, May 06, 2011, 16:42
  
New Delhi: A man accused of sodomising a girl 12 years ago was acquitted by a court here after the alleged victim could not recall if she was subjected to the sexual assault when she was merely six years old.

"The victim herself has stated that she does not remember anything about the said incident," said Metropolitan Magistrate (Mahila Court) Kiran Gupta said, while acquitting the Walled City resident Md Raffi.

"The fact that material witnesses have turned hostile and in absence of any conclusive evidence, I am of the view that prosecution has not been able to prove its case beyond the pales of reasonable doubt. Benefit of doubt goes in favour of the accused," she said.

The court also noted that the Forensic Science Laboratory had failed to give any opinion on the semen sample of the accused as it was found putrefied.

The prosecution case was that accused Md Raffi, a resident of railway Colony in old Delhi area, had "carnal intercourse" with the minor girl on May 2, 1999 and threatened to kill her if she disclosed the incident to anyone.

The matter was reported to the police by one Bathua Ram, whose relationship with the victim is not known.

Raffi was charged under section 377 IPC (unnatural offences) to which he pleaded innocent.

The alleged victim, however, categorically denied the incident before the court, saying she did not remember any such incident.

Another material witness in the case also turned hostile and failed to identify Raffi in the court. He denied that any such incident ever took place and that the semen sample of the accused was collected in his presence by the investigating officer.

The court acquitted Raffi while noting that the material witnesses in the case, including the victim, had turned hostile and there was no conclusive evidence to prove his guilt beyond doubt.

PTI


First Published: Friday, May 06, 2011, 16:42


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