Delhi court flags 'serious lapses' in probe, acquits man in sexual assault case

New Delhi, Jan 15 (PTI) A Delhi court has set aside a magistrate court's conviction order against a man accused of sexual assault and trespass, saying the prosecution was not able to prove the case against the accused beyond a reasonable doubt.

Additional Sessions Judge Twinkle Wadhwa was hearing a petition filed by the accused person, Samad, challenging his conviction in April 2025 by a magistrate's court in a sexual assault case.

In a January 5 order, the court said, "In view of discrepancy in statement of complainant in court and in section 164 CrPC (recording confessions and statements) statement, non-examination of eye witness Salman, daily diary entries on record and prior enmity between the parties, the prosecution has not been able to prove the case against the accused beyond reasonable doubt. Benefit of doubt is given to the appellant/accused." Samad was arrested after the complainant alleged that he entered the terrace of the complainant's house at night and made inappropriate physical contact while she was asleep on July 22, 2015.

The court noted that there were major inconsistencies in the complainant’s statements, lapses in investigation and evidence of prior enmity between the parties.

"It is the duty of the investigating officer (IO) to collect the best evidence. Here, an eyewitness has not been cited at all, and no plausible explanation is given for the same. In such circumstances, an adverse inference can also be drawn under Section 114 (g) of the Evidence Act. It is also viewed as a serious lapse in investigation,” the court said.

Section 114 (g) of the Evidence Act says that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.

Setting aside the conviction of Samad, earlier ordered under Section 354 (outraging modesty of a woman) IPC, the court said the complainant made "substantial improvements" in her statement compared to her initial complaint, including allegations of assault and abuse that were not mentioned earlier.

"A substantial improvement in the statement under Section 164 CrPC over the complaint is viewed with caution and often weakens the case of prosecution. When a complainant introduces new allegations which are more grave in section 164 CrPC statements which are absent in the initial complaint, such improvements raise a reasonable apprehension of afterthought or deliberation or tutoring," the judge said.

The court said that the daily diary (DD) entries recorded by the police indicated that the initial information was about a quarrel with a woman, not about sexual assault or trespass, lending support to the defence claim of a neighbourhood dispute.

Accordingly, the court set aside the conviction and sentence and ordered the accused's acquittal. PTI SKM SKM AMJ AMJ