Delhi court acquits father-son duo in sexual assault case, cites ‘fatal’ flaws in case

A Delhi court has acquitted a father-son duo of the charge of molestation, saying that the prosecution’s case suffered from “fatal, irreconcilable infirmities” and failed to prove the allegations beyond a reasonable doubt.

The two were also acquitted of a disrobing attempt, house trespass, and criminal intimidation charges.

Additional Sessions Judge Hargurvarinder Singh Jaggi acquitted Pramod, alias Akash, and his father, Mohar Singh, who were booked at the Neb Sarai Police Station of assault and molestation in February 2018.

In an order dated August 25, the court said, “The prosecution’s case has collapsed under the weight of its own contradictions. The prosecutrix directly exonerated Mohar Singh. Further, the prosecutrix’s testimony against Pramod alias Akash is riddled with progressive improvements and material contradictions.”

The court said the prosecution’s case against Mohar Singh was completely dismantled after the alleged victim categorically stated during her deposition that “accused Mohar Singh has done nothing against me.”

The court noted that although she had earlier made allegations against Mohar Singh in her statement recorded before a magistrate, such a statement was not substantive evidence and could only be used for corroboration or contradiction.

The court also found that the prosecution’s sole public eyewitness, Vakil, alias Parvinder, turned hostile during cross-examination.

The witness, who was initially cited as having rescued the woman and witnessed the subsequent alleged assault, stated under oath that he was not present at the relevant time and did not witness any beating or molestation.

The court said his complete retraction left the prosecution with “absolutely no independent or public corroboration” for several charges.

“The arrest of a 65-year-old father who merely went to inquire about his son’s arrest, coupled with procedural violations of Section 41A CrPC, lends immense weight to the defence of malicious prosecution out of police vengeance,” the judge said.

The court noted that the woman had admitted signing blank papers and giving thumb impressions on them to the police. It said the admission, coupled with the investigating officer’s statement that the complaint was in his handwriting, supported the defence theory that the complaint had been drafted by the police.

The judge also flagged several investigative lapses, including failure to seize the woman’s allegedly torn clothes, non-recovery of the weapon allegedly used to threaten her family, and failure to join any independent witness despite the alleged incident taking place on a public street.

“In the light of the aforesaid analysis, the prosecution’s case has collapsed under the weight of its own contradictions,” the court said, acquitting the two.