Additional Sessions Judge Sanjay Garg freed Delhi-based Dilshad Ali saying that only the 14-year-old girl could have told if he had taken her away forcibly and raped her last year but she had died in June this year due to some ailment.
"...Only prosecutrix (girl) could have told if accused took her away from the custody of her parents after enticement and thereafter he raped her.
"In the absence of the girl, no other material evidence is on record to conclude that accused kidnapped her with intention to do illicit intercourse and thereafter he raped her," the court said.
It acquitted Ali, resident of New Ashok Nagar in East Delhi, from the charges of kidnapping and raping the minor holding that the police has failed to prove its case against accused beyond reasonable doubt.
The case was registered on the complaint of the girl's mother after she could not find her at home on the morning of August 13 last year. The woman told the police that nearly Rs two lakh which was kept at her house was also missing.
Police said that the girl and the accused were recovered from Faizabad in Uttar Pradesh seven days later and they were brought back to Delhi.
The prosecutor submitted it was clear from the statement of the investigating officer that the girl was a minor and was recovered from the possession of Ali from a bus stand in UP.
The court while letting off Ali said the witnesses had not supported the prosecution case regarding recovery of the girl from the custody of the accused.
"In view of these circumstances, recovery of the girl from the custody of accused on August 20, 2011 at Faizabad comes under shadow of doubt," the court said.
