New Delhi [India], April 3 (ANI): A Delhi Court has acquitted 4 accused persons in the Protection of Children from Sexual Offences (POCSO) Act case, which was lodged by their niece due to a property dispute and later on turned hostile.
Tis Hazari Court’s Additional Sessions Judge Muneesh Garg acquitted 4 relatives of the complainant after suffering the trial for 4 years in an FIR which was filed in June 2021 at the statement of the mother of the victim.
It was noted that just after 3 days of lodging of FIR at statement of mother of victim when the statement of victim was recorded U.S: 164 Cr.PC, the victim did not support the allegations against the accused persons and stated that no sexual assault happened.
Advocate Ravi Drall appeared for all the accused persons and argued that the present case is nothing but a misuse of provisions of Law for personal vendetta.
The stringent provisions of POCSO were used in the present case to settle the long-pending property dispute, as well as various other complaints between the parties.
The phone of the accused person was sent to FSL in 2021 to verify the fact whether any alleged nude video of the victim was made. The FSL result of the phone came after a long delay, and no obscene video was found in the said mobile phone. The allegations of gun were also made in the FIR, which was nothing but a pressure technique to send the accused behind bars and settle the property/civil dispute.
Advocate Ravi Drall argued that strict action should be taken against the mother of the victim for lodging a false FIR against the accused person, which caused mental, physical and social trauma to the innocent citizen of the country.
While acquitting the accused persons Additional Sessions Judge Muneesh Garg held that the Complainant had not witnessed the incident which allegedly took place with her daughter victim TW on an unknown date and time.
She merely deposed that a hot exchange of words had taken place on 13.06.2021 between her and the accused persons. A mere hot exchange of words does not constitute any offence under the law.
She denied the contents of the complaint and she stated that NGO officials had recorded statements of her mother and obtained her signature on the said complaint, which were written by them as her mother-in-law was unable to sign her statement. She denied that she had prepared the abovesaid complaint.
The basic principle of criminal law is that the prosecution has to prove its case beyond a reasonable doubt.
However, the prosecution could not pass the said test in the present case in view of the aforesaid discussion. Therefore, all accused persons are acquitted, said the court. (ANI)
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