A man, accused of sexually assaulting a 16-year-old girl, has been acquitted by a Delhi court which said the complainant "totally damaged" the prosecution's case by changing her stand during cross-examination.
Additional Sessions Judge Pritam Singh absolved the man of the offences of penetrative sexual assault under sections 4 and 8 of the Protection of Children from Sexual Offences (POCSO) Act after the girl deposed that she lodged a false case as the man had a quarrel with her uncle.
"Prosecution Witness-1 (girl), who is the most important witness in the present case, has totally damaged the prosecution case by deposing that the accused had not done any wrong act to her and she made a complaint to the police as she was upset over the quarrel between her mama (uncle) and the accused.
"Hence, the prosecution has failed to prove the charge under section 4 and 8 of POCSO Act, against the accused," the judge said.
According to the complaint lodged by the girl, she had visited the house of the accused in south-west Delhi with her maternal uncle and stayed there for a few days.
On the night of December 8, 2017, when she went to the washroom, the man caught hold of her and sexually assaulted her, the complaint alleged, adding that she informed her uncle the next day and an FIR was lodged.
However, in her cross examination, the girl deposed that a quarrel broke out between her uncle and the accused because of which she was upset and she dialled the police control room.
She further denied all the allegations levelled by her against the accused before the court.
The court dispensed with the statement of the accused under the CrPC as no incriminating evidence came on record against him.
"Accordingly, the accused is acquitted of the offences under section 4 and 8 of POCSO Act," it said.
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