Two persons accused of sexual harassing a 17-year-old girl have been acquitted by a Delhi court which held that the minor did not support the case of the prosecution.
Additional Sessions Judge Rajneesh Kumar Gupta acquitted west Delhi residents Pintu Kumar and Kaushal Gautam of the charge of sexual harassing a minor under section 12 of the Protection of Children from Sexual Offences (POCSO) Act.
"Prosecution witness no 3 (girl), who is the material witness of the case, has not supported the case of the prosecution as to the identity of the accused persons as those boys who had committed the alleged incident with her.
"As there is no incriminating evidence against the accused persons, they are acquitted of the charge," the judge said.
According to the prosecution, on the evening of April 28, 2013, the girl had gone to her cousin's place with her mother.
She went to the washroom on the terrace of the house when some boys, who were sitting on the terrace of the adjacent building, passed lewd comments at her and made obscene gestures, it said.
She informed her mother and cousin about it, after which a police complaint was lodged, it added. Pintu was arrested the same day while Kaushal was nabbed two weeks later.
During the cross examination, the girl and her mother denied that they had named Pintu and Kaushal before the police and the magistrate, the court said.
It also noted that the girl failed to identify the men in court and denied that they misbehaved with her.
Pintu and Kaushal, residents of Nangloi, had denied the allegations against them and had claimed trial.
