The Delhi High Court rejected an appeal by the city police challenging the acquittal of a man accused of molestation. The court stated that the prosecution failed to prove the case beyond a reasonable doubt. Justice Neena Bansal Krishna upheld the 2016 sessions court judgment that acquitted the accused of charges under Sections 354 and 509 of the Indian Penal Code.
In its decision, the Delhi High Court highlighted the trial court’s correct assessment of contradictions in the complainant’s testimony. The court also noted the unexplained delay in filing the FIR. Justice Krishna dismissed the prosecution’s appeal under Section 378 CrPC, affirming the trial court’s decision to acquit the respondent.
The complainant, employed as an ayah in a school through a placement agency, alleged that the accused misbehaved with her on the school premises in 2011. The FIR was lodged in January 2012, with discrepancies noted in the complainant’s statements. The court found no evidence to support the initial claim of attempted rape.
The Delhi High Court referenced a defense witness who testified that no such incident occurred. The court also questioned the delay in reporting the incident to the police. Additionally, evidence suggesting prior complaints against the complainant’s work conduct was considered, supporting the defense’s argument of a motivated complaint.
Justice Krishna concluded that the trial court’s decision was reasonable based on the evidence presented. The prosecution failed to establish the case beyond a reasonable doubt, leading to the accused’s acquittal. The appeal was dismissed, affirming the acquittal order.
