NEW DELHI: Former Delhi minister Sandeep Kumar, who was accused of raping a girl in 2016, was acquitted by a Delhi courtroom on Wednesday.
Kumar, who was an MLA from Sultanpuri and a minister in Delhi govt, was suspended from Aam Aadmi Party after his objectionable video with the girl surfaced. Later, he needed to resign from his minister put up too. Final month, he had joined Haryana BJP however was expelled from the celebration inside hours.
The courtroom of Particular Decide Kaveri Baweja, in its 68-page order dated Sept 11, mentioned the prosecution has not been in a position to set up the guilt of the accused past the realm of affordable doubt and the complainant did not help the case of the prosecution.
The courtroom famous that the complainant, whereas being examined by the prosecution, mentioned no such incident had taken place and she or he by no means visited Kumar’s home. She additionally mentioned that she by no means acquired any case registered with police and she or he had a ration card earlier than 2016.
Noting that the complainant turned hostile, who undoubtedly is a very powerful witness of the prosecution, the courtroom noticed, “It’s obvious that she even did not help the case of the prosecution with regard to the allegations that the accused, in change for getting issued the ration card/BPL card to her, sexually exploited her as alleged. There’s additionally not even a whisper in the complete assertion of the prosecutrix that the accused assured to settle her household by making certain employment of her kids.”
Being confronted with the criticism filed by her dated Sept 3, 2016, she denied that she ever lodged any such criticism in opposition to Kumar.
The courtroom mentioned the medical proof fails to determine the allegations beneath sections 376 (rape) and 328 (inflicting damage by way of poison, and many others., with intent to commit an offence) in opposition to Kumar. The cross-examination of the prosecution witnesses has led to evident discrepancies within the investigation of the case and the digital proof relied upon by the prosecution within the type of pen drives has additionally not been discovered to be admissible in proof, it added.
Regardless of the complainant turning hostile, the prosecution insisted that it had a case in opposition to Kumar on the idea of video proof out there in two pen drives. The prosecution, counting on the video recordings within the pen drives that had been performed in courtroom, identified that the individuals who seem within the video had been Kumar and the complainant. The complainant, nevertheless, denied being within the video.
The courtroom mentioned that “there isn’t a iota of proof on document to determine who had transferred the mentioned video recordings within the pen drives, making the authenticity of the pen drives extraordinarily uncertain.”
