New Delhi: A Delhi court has acquitted a man of the charge of raping a five-year-old girl after the child retracted from her statement.
Additional sessions judge Rajneesh Kumar Gupta freed the man, a resident of Ranjeet Nagar here, saying there was no evidence against him and the victim child deposed in the court that he did not do anything wrong with her.
"From the evidence on record, no substantive evidence has been come on record to prove that the accused has inserted a stick in the private part of the prosecutrix (child).
"Accordingly, the prosecution has failed to prove its case against the accused and the accused is acquitted of the charge," the court said while absolving the man of the charge of rape and aggravated sexual assault.
According to the prosecution, an FIR was lodged against the man in May last year regarding rape of the minor.
The complaint was made by the girl's mother alleging that when she had gone for work, the accused, who was known to them, took her daughter to his house on the pretext of giving her food and raped her by inserting a stick in her private part.
The woman came to know about this when she returned home and the child complaint of pain, the police said, adding that the man was arrested.
The child changed her statement in the court and deposed that the man had called her to his house to have some rice and at that time he was sweeping the floor with a broom. She said accidentally a broom stick struck her private part.
During the trial, the man claimed innocence and denied the allegation levelled against him.
The court acquitted the man, saying no such material has come on record which would support the case of prosecution.
It said the girl's statement recorded before a magistrate was a corroborative piece of evidence and the conviction cannot be based on the statement alone, unless there was a substantive evidence on record to prove the case.
Additional sessions judge Rajneesh Kumar Gupta freed the man, a resident of Ranjeet Nagar here, saying there was no evidence against him and the victim child deposed in the court that he did not do anything wrong with her.
"From the evidence on record, no substantive evidence has been come on record to prove that the accused has inserted a stick in the private part of the prosecutrix (child).
"Accordingly, the prosecution has failed to prove its case against the accused and the accused is acquitted of the charge," the court said while absolving the man of the charge of rape and aggravated sexual assault.
According to the prosecution, an FIR was lodged against the man in May last year regarding rape of the minor.
The woman came to know about this when she returned home and the child complaint of pain, the police said, adding that the man was arrested.
The child changed her statement in the court and deposed that the man had called her to his house to have some rice and at that time he was sweeping the floor with a broom. She said accidentally a broom stick struck her private part.
During the trial, the man claimed innocence and denied the allegation levelled against him.
The court acquitted the man, saying no such material has come on record which would support the case of prosecution.
It said the girl's statement recorded before a magistrate was a corroborative piece of evidence and the conviction cannot be based on the statement alone, unless there was a substantive evidence on record to prove the case.
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