Man accused of stalking AIIMS doctor walks free

A man, accused of stalking and molesting a woman doctor at AIIMS, has been let off by a Delhi court which gave him benefit of doubt saying the prosecution could not prove its case.
Metropolitan Magistrate Pooja Aggarwal acquitted the man, who was also an employee at the hospital, saying the alleged message sent by him to the doctor, which was primary evidence, could not be proved.
"While the woman has deposed as to the accused sending her text message,
butforreasonsbestknowntotheprosecution themessagewasnot relieduponbythecomplainantduringher examinationinchief.
"Theallegationslevelledagainsttheaccusedweretobe proved onlybyleading
thebestevidencei.E.theprimaryevidenceandinthis case itwasthemessageitselfwhichhasnotbeen provedbythe prosecution," the magistrate said.

It also noted that the prosecution neither seized the phones of the complainant and accused nor placed on record their call detail records to prove the allegation.

"Ihavecarefullyconsideredtheargumentsraisedandthe entireevidenceon record.Fromtheentireevidenceonrecord, itisseenthattheprosecutionhas failedtodischargethe burdencastuponittoproveoffenceunderIPC.
"Thetestimonyofnoneofitswitnesseselucidatesthe date ortime whentheaccusedallegedlyfollowedthe complainant at thewards," the magistrate said.
According to prosecution, the pediatrician at All India Institute of Medical Sciences (AIIMS) here, had lodged a complaint alleging that the accused, a worker in the hospital, stalked her and followed her repeatedly.
She had alleged that he obtained her mobile number from the OPD card and sent her text message confessing that he loved her, it said.
During the trial, the accused had denied the allegations and claimed he was falsely implicated in the case.
"Thus,fromtheentireevidenceonrecord, asprosecution hasfailedto provetheingredientsofoffence,ithasfailed to proveitscasebeyondreasonabledoubtandthe accused isgiven thebenefitofdoubtandheisacquitted..." the court said.