Minor survivor untraceable, man held for rape free after 12 years

Ghaziabad: A man accused of criminal assault with intent to outrage a woman’s modesty and of attempting to rape her has been acquitted after 12 years, as both the complainant and the minor survivor remained untraceable throughout the period, and the prosecution failed to substantiate the allegations with evidence.Noting that the prosecution has not examined the victim, who was a crucial witness for the prosecution, special Pocso judge Lal Babu Yadav said the accused is entitled to the benefit of doubt in the absence of evidence and deserves to be acquitted of the said offences under Sections 452 (house trespass), 354A (sexual harassment by a man against a woman), 506 (criminal intimidation) of the IPC, Section 8 of the Pocso Act.The case stemmed from an FIR registered at Sihani Gate police station against the man by the minor’s father on Feb 20, 2014. He said that on Feb 17, the man tried to assault his daughter sexually and fled upon seeing her mother.A case was registered under sections 452, 354 and 506 of the IPC. The man was arrested the next day and, after recording the minor’s statement u/s 164 CrPC before a magistrate on May 16, the same year, cops added Section 7/8 of the Pocso Act and filed the chargesheet on Nov 20.

The court framed charges after 10 years on July 9, 2024, but the accused refused the allegations and sought a trial.The prosecution presented three witnesses, two investigators and a teacher from the minor’s school to prove her age. They argued that the accused entered the plaintiff’s home and assaulted his minor daughter, about 16 years old.Counsel for the accused argued that the prosecution had not examined the plaintiff and the victim to support its statement.“On orders dated Jan 6 and 21, 2026, and on Feb 5, 2026, the plaintiff and the victim were summoned for the appointed date through a non-bailable warrant, but they could not be produced. CW1 has filed on record that the plaintiff and the survivor were untraceable and filed a signed letter of the councillor of ward 72 declaring that the family had left the address long ago,” the judge noted and said that the prosecution was unable to prove beyond a reasonable doubt the charges levelled against the accused, and he deserves to be acquitted.