A man, accused of trying to sodomise an eight-year-old boy, has been acquitted by a Delhi court which refused to believe the prosecution case saying, “the entire incident is shrouded in a sphere of suspicion.”
Additional Sessions Judge Sanjay Sharma absolved the accused of the charges of attempt to commit sodomy, criminal intimidation, wrongful confinement and kidnapping under IPC, noting that the alleged victim and other witnesses had made statements contrary to each other.
The accused had allegedly sodomised the boy at a neighbour’s house where the child had gone to invite his friend for his cousin’s birthday party.
“The entire incident is shrouded in a sphere of suspicion since the very inception. The boy’s aunt had deposed that she noticed that victim was missing while the cake was cut. The victim was a guest in their house and a child whose presence was essential at least at the time of cake cutting ceremony which was done without securing his presence. This, in my opinion, is highly unbelievable,” the court said.
It said that the prosecution has not been able to prove its case against the accused beyond reasonable doubt and the boy and his aunt made different statements in examination-in- chief and in cross-examination.
“It is a settled law that if there are various gaps in the prosecution case and the link is incomplete, benefit would go to the accused. In the instant case, there are several lacunae, as pointed out and as such the accused would be entitled to the benefit of doubt,” the court said.
According to the prosecution, on June 26, 2012, the boy was at his maternal uncle’s house to attend his cousin’s birthday party when the incident took place.
It said that the boy had gone to call his cousin’s friend from neighbourhood when a man allegedly caught hold of him, gagged his mouth and tried to commit unnatural offence with him and threatened to kill him.
The accused, who was arrested after the boy raised alarm and called his family members, had denied the allegations and claimed he was falsely implicated.