New Delhi: A man facing trial for allegedly sexually assaulting a minor has been acquitted by a Delhi court as the girl changed her statement. Additional Sessions Judge Vikas Dhull acquitted Anil Kumar, a Palam Colony resident, of the charges of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, saying the girl did not support the case of prosecution and did not incriminate him in any manner.
"The best evidence which could have proved the charge was the child victim herself. However, testimony of the child does not, in any way, incriminate Anil," the judge said. "Prosecution has not been able to prove the charge against accused for the offence under section 8 (punishment for sexually assaulting minor) of POCSO Act. Accordingly, accused is acquitted for the offence," the court said.
Noting that the girl's father, who lodged the FIR against Anil, was not an eyewitness in the case, the court said, "Evidence of the father is hear-say evidence and cannot be given much weightage as the source from where he got the information that is the child victim has not deposed anything incriminating against Anil."
The victim's father had told the police that the incident took place when Anil, who was also residing in their building, saw the girl alone and misbehaved with her on April 21, 2013. Thereafter, the girl informed him about it and he got a case registered against Anil.
The girl, who had narrated the incident to the police, however, changed her stand in the court saying she had made the earlier statement at the instance of a police officer and that Anil did not commit anything wrong with her. The court relied on the testimony of the victim and the building's landlord who had told the police that the girl's family and Anil shared cordial relations.
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