While acquitting Uttar Pradesh native Karan Singh, the court noted that the alleged victim did not return to depose because of the Nepal government's failure to serve them the court summonses due to absence of relevant treaty between the two countries.
"Despite various efforts, these witnesses (the alleged victims and his parents) could not be served summonses. Summonses were sent even through Ministry of Home Affairs (MHA), but were received back unexecuted with the letter of under secretary, the Government of India.
"The MHA stated that the government of Nepal refused to execute the summons expressing their inability to execute the same in the absence of treaty between the Government of the Republic of India and the Government of Nepal," the court said.
The court acquitted Singh saying there is no incriminating evidence against him and that the prosecution could examine only one witnesses despite several opportunities given to it.
"In the absence of victim and complainants (the victim's parents), all the other witnesses are formal in nature. No useful purpose would have been served by examining these formal witnesses.
"There being no incriminating evidence against Singh.... The accused is acquitted from the offence punishable under Section 377 (unnatural offences) of IPC," it said.
Singh was arrested by the police on April 27, 2008 after the parents of the five-year-old boy, then living in East Delhi, lodged a complaint with police alleging that the accused took their son from home on the pretext of getting him an ice-cream and sodomised him.
Acquitting Singh, the court said despite availing a number of opportunities, the prosecution failed to serve summonses to the victim, his mother and father, a Nepal native, who had left India, leaving their addresses with the police.
