A youth accused of sodomising a 10-year-old boy has been acquitted by a Delhi court after the alleged victim failed to identify him.
Additional Sessions Judge Gautam Manan absolved the youth, a Delhi resident, of offences of sodomy and wrongful restraint under IPC and sexual assault under Protection of Children from Sexual Offences (POCSO) Act.
“It is held that the allegations against the accused are not proved. Accordingly, the accused stands acquitted,” the judge said, after the boy and his mother failed to identify him in court.
“Although, the victim has named the accused in his statements as the person who had sodomised him, but he failed to identify the accused as the person who did the wrong act with him,” the court said.
It also noted that the medical evidence could not prove that the boy was assaulted as he did not allege penetrative assault on him.
“There could be no conclusive medical evidence of the alleged act nor the forensic evidence can prove that alleged act was committed by the accused.
“Hence, there is no evidence on record to establish that accused committed assault on the victim especially when the boy has denied that accused sexually assaulted him,” it said.
According to prosecution, a complaint was lodged by the boy’s mother that on July 6, 2014, her son was playing in a park near his house when the accused allegedly sodomised him.
The boy raised an alarm, after which the accused fled from the spot, it said, adding that the child then went home and narrated the incident to his mother.
The accused was arrested and charge sheeted for the offences under sections 377 (sodomy) and 341 (wrongful restraint) of IPC and section 4 (sexual assault) of POCSO Act.
He had pleaded not guilty and claimed he was falsely implicated.
