"From the deposition of the victim, it is apparent that he does not know, who committed sodomy with him during the night intervening June 29 and June 30, 2011. He also does not know if any such act was performed upon him," Additional Sessions Judge (ASJ) Virender Bhat said.
The judge acquitted Delhi residents Sandeep and Lala Prasad of the charges of kidnapping and sodomising the minor boy, observing that the prosecution had given "no cogent and reliable evidence."
The prosecution case against the accused was that they had picked up the victim on the night from roadside pavement near a temple in West Delhi, took him to a nearby room and sodomised him.
The duo was arrested on the complaint by one Suresh Gupta who told police that the victim, who used to sleep near his shop, had told him that he was sodomised by the two men, who were usually seen begging alms around the temple.
Freeing the duo, the court said the victim was drunk on the night of alleged incident and he had narrated about it to Gupta on the basis of what Tiana, a friend of the accused who was also present in the room on that night, had told him.
"He (the victim) gave statement to the police, on the basis of what he had heard from Tiana and not on the basis of his personal knowledge.
"It is interesting to note that there is no mention of any person by name Tiana in the entire charge sheet nor has he been cited as a witness in this case. The entire evidence of the victim is, therefore, hearsay...," the court said.