Victim forgets sodomy, accused freed
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.Updated: May 06, 2011 23:35 IST
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 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 failed to give any opinion on the semen sample of the accused as it was found putrefied.
According to prosecution, Raffi, a resident of railway Colony in old Delhi area, had "carnal intercourse" with the girl on May 2, 1999 and threatened to kill her if she disclosed the incident to anyone.
Raffi was charged under section 377 of Indian Penal Code (unnatural offences) to which he pleaded innocent. The victim, however, denied the incident in court, saying she did not remember anything.