Two men, accused of assaulting a girl when she refused their sexual advances, were acquitted by a Delhi court as the victim and two eye-witnesses failed to appear before it to testify.
"In�the�absence�of�any�incriminating�material�against�the� accused persons and further in the absence of direct evidence, accused persons cannot be convicted. They are given benefit of doubt and are acquitted of the offences charged," Metropolitan Magistrate Jyoti Kler said.
The prosecution case was that�on�the�intervening night of August 14 and 15, 2010, at�Qutub�Institutional area near Gorakhnath Mandir in Vasant Kunj, the two accused forced the victim to sit in their car.
The prosecution alleged that the duo slapped and threatened the victim when she refused to establish a physical relationship with them.
The girl somehow managed to escape. She then took an auto-rickshaw and reached a police picket, from where a constable accompanied her to the spot and apprehended the duo.
A charge sheet was filed against the duo in March, 2011 under Sec 354 (assault or criminal force to woman with intent to outrage her modesty), 365 (kidnapping or abducting with intent secretly and wrongfully to confine person), 342 (wrongful confinement) and 323 (voluntarily causing hurt).
The duo had pleaded not guilty to the charges.
In the court, the constable deposed in the court about apprehending the accused and denied having implicated them falsely. The assistant sub-inspector, who recorded the statement of the complainant, also deposed in the court.
However, the victim and the eye-witnesses could not be served summons despite repeated attempts.
"The�witnesses examined by the prosecution could not depose anything about the incident. The eye-witness and the victim could not be served. The ASI identified the complaint but�since�he�had�not�seen�the�incident,�he�could�not be cross- examined on the contents of the complaint and hence, the veracity of the contents of the complaint remained untested," the court said.
