NEW DELHI: Former Delhi minister Sandeep Kumar, who was accused of raping a girl in 2016, was acquitted by a Delhi court docket 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 publish too. Final month, he had joined Haryana BJP however was expelled from the get together inside hours.
The court docket of Particular Decide Kaveri Baweja, in its 68-page order dated Sept 11, stated the prosecution has not been in a position to set up the guilt of the accused past the realm of cheap doubt and the complainant did not help the case of the prosecution.
The court docket famous that the complainant, whereas being examined by the prosecution, stated no such incident had taken place and he or she by no means visited Kumar’s home. She additionally stated that she by no means obtained any case registered with police and he or she had a ration card earlier than 2016.
Noting that the complainant turned hostile, who undoubtedly is crucial witness of the prosecution, the court docket noticed, “It’s obvious that she even did not help the case of the prosecution with regard to the allegations that the accused, in trade for getting issued the ration card/BPL card to her, sexually exploited her as alleged. There’s additionally not even a whisper in the whole assertion of the prosecutrix that the accused assured to settle her household by guaranteeing employment of her youngsters.”
Being confronted with the grievance filed by her dated Sept 3, 2016, she denied that she ever lodged any such grievance in opposition to Kumar.
The court docket stated the medical proof fails to ascertain the allegations underneath sections 376 (rape) and 328 (inflicting harm via poison, and so forth., with intent to commit an offence) in opposition to Kumar. The cross-examination of the prosecution witnesses has led to obtrusive 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 premise of video proof obtainable in two pen drives. The prosecution, counting on the video recordings within the pen drives that had been performed in court docket, identified that the individuals who seem within the video had been Kumar and the complainant. The complainant, nevertheless, denied being within the video.
The court docket stated that “there isn’t a iota of proof on document to ascertain who had transferred the stated video recordings within the pen drives, making the authenticity of the pen drives extraordinarily uncertain.”
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 publish too. Final month, he had joined Haryana BJP however was expelled from the get together inside hours.
The court docket of Particular Decide Kaveri Baweja, in its 68-page order dated Sept 11, stated the prosecution has not been in a position to set up the guilt of the accused past the realm of cheap doubt and the complainant did not help the case of the prosecution.
The court docket famous that the complainant, whereas being examined by the prosecution, stated no such incident had taken place and he or she by no means visited Kumar’s home. She additionally stated that she by no means obtained any case registered with police and he or she had a ration card earlier than 2016.
Noting that the complainant turned hostile, who undoubtedly is crucial witness of the prosecution, the court docket noticed, “It’s obvious that she even did not help the case of the prosecution with regard to the allegations that the accused, in trade for getting issued the ration card/BPL card to her, sexually exploited her as alleged. There’s additionally not even a whisper in the whole assertion of the prosecutrix that the accused assured to settle her household by guaranteeing employment of her youngsters.”
Being confronted with the grievance filed by her dated Sept 3, 2016, she denied that she ever lodged any such grievance in opposition to Kumar.
The court docket stated the medical proof fails to ascertain the allegations underneath sections 376 (rape) and 328 (inflicting harm via poison, and so forth., with intent to commit an offence) in opposition to Kumar. The cross-examination of the prosecution witnesses has led to obtrusive 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 premise of video proof obtainable in two pen drives. The prosecution, counting on the video recordings within the pen drives that had been performed in court docket, identified that the individuals who seem within the video had been Kumar and the complainant. The complainant, nevertheless, denied being within the video.
The court docket stated that “there isn’t a iota of proof on document to ascertain who had transferred the stated video recordings within the pen drives, making the authenticity of the pen drives extraordinarily uncertain.”
