A court here has acquitted a man, who was accused of sexually harassing a woman at a traffic junction in west Delhi’s Tilak Nagar in 2015.
The incident had gone viral on social media after the woman uploaded a photograph of the man sitting on his bike and waiting for a green signal at the crossing.
Metropolitan Magistrate Sonam Gupta acquitted the man, saying that the woman made contrary statements in her complaint, the statement recorded by a Metropolitan Magistrate under Section 164 of the Criminal Procedure Code and the deposition in the court. She said the prosecution failed to examine public witnesses.
The case was based on the testimony of the complainant as other witnesses were from the police.
“It is pertinent to mention that there are various contradictions and improvements in the version of the complainant, her additional statement given to the police, her statement under Section 164 of Cr.P.C. and deposition before the court,” Ms. Gupta said.
“In view of the same, the testimony of the complainant is not trustworthy and casts serious doubt on the case of the prosecution. Moreover, the place of incident was a public road and expected to be crowded at the time of the incident [8.15 p.m.] and no witnesses were examined. Thus, the non-joining of eyewitnesses, who could have supported the case of the prosecution, casts serious doubt,”the Magistrate said.
“Therefore, the benefit of doubt has to be extended to the accused. Accordingly, accused Sarvjeet Singh is acquitted of the offences under Sections 35A (making sexually coloured remarks), 506 (criminal intimidation) and 509 (word, gesture or act intended to insult the modesty of a woman),” the Magistrate added.
