Sodomy accused freed as victim can`t recall 12-yr-old incident

Last Updated: Friday, May 6, 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 6, 2011 - 16:42

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