Minor’s mother turns hostile during trial

A Delhi court has acquitted a man of the charge of sexually assaulting his minor son.

Additional Sessions Judge A.K. Sarpal acquitted the accused as the complainant, victim’s mother, turned hostile in the trial and said she had lodged an FIR against her husband “in anger because he was not living with her”.

She alleged that her husband had assaulted his son. In her statement before a Magistrate under Section 164 of Cr.P.C., the complainant reiterated the charges.

Victim had injuries

Though she admitted that the victim had sustained injuries and the doctors who examined him said he was sexually assaulted but she gave a clean chit to her husband saying that she had implicated him in the case as he had abandoned her.

“Admittedly, the complainant is not the eyewitness of the incident and she also stated that she has no suspicion on anyone but due to anger, she made the accused confined in the jail. She also said in the statement given to the Magistrate that she had mentioned the name of the accused due to anger,” the Judge said.

“Thus, the complainant has totally exonerated the accused and accepted that whatever she told to anyone about the incident was told at the instance of the police as well as due to her own anger,” the judge further said.

Mr. Sarpal said that the complainant had committed perjury by implicating her husband but he let her off saying that the couple is now living together happily.

“However, the complainant is only cautioned to be careful in the future and this time she is spared simply by giving warning. The accused is hereby acquitted of all the charges which are not proved,” the judge added.