Additional Sessions Judge Vikas Dhull absolved Uttam Nagar resident Sumit of the offences under section 4/18 (attempt to commit sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and under section 342 (wrongful confinement) of the IPC.
While acquitting Sumit, the court noted that summons issued to the child victim were returned with the report that she and her family members were not traceable either at her local address or at their native place. "The most material witnesses, who could have proved the prosecution case, were the child victim and her family members. Although the victim and her family members were made witnesses in the case but during the course of evidence, they did not appear to depose as they were not traceable.
"In the light of non-examination of material witnesses, prosecution has not been able to prove the charges against accused. Accordingly, he is acquitted," the court said. According to prosecution, on January 9, 2014, the girl was alone at her brother's house when Sumit, their landlord's son, came to her room. He forcibly held her hand and dragged her into his room where he tried to make physical relations with her.
It said that the victim raised an alarm but nobody was present in the house to rescue her. She somehow managed to escape and ran out and informed her brother and sister-in-law, with whom she was staying, over telephone following which a complaint was lodged against Sumit. During the trial, Sumit denied the allegations and claimed that he was falsely implicated.