New Delhi: A man has been acquitted of the charge of raping a 13-year-old girl by a Delhi court after she resiled from her statement. Additional Sessions Judge Rajneesh Kumar Gupta absolved West Delhi resident Kalu of the offences under sections 376 (rape), 506 (criminal intimidation) and section 4 (penetrative sexual assault) of Protection of Children from Sexual Offences Act.
"PW1 (minor) is the material witness of the case but she has not supported the case of the prosecution. PW2 is the sister-in-law of the girl and she has also not supported the case of the prosecution. "No incriminating evidence has come on record against the accused....the prosecution has failed to prove its case against him. Thus, he is acquitted of the charge," the judge said.
According to the prosecution, on December 17, 2013, the girl had told the police that on the evening of December 1, 2013, Kalu forcibly took her to a deserted area near her residence where he raped her and video-recorded the incident while threatening her that he would circulate the recording if she disclosed about it to anyone. However, in her cross-examination, the girl said that Kalu was her neighbour and he didn't do anything to her. She said she had a quarrel with him and he stopped talking to her because of which she was upset and disturbed.
When she told her sister-in-law (bhabhi) about it, she took her to a police station and a complaint was filed against the man, the girl told the court. Kalu had denied the allegations against him and pleaded innocence.