Additional Sessions Judge Illa Rawat acquitted Anil Kumar, a resident of Ashok Vihar in north-west Delhi, of the charges of gangrape under the IPC and penetrative sexual assault under the Protection of Children from Sexual Offences (POCSO) Act.
"As the prosecution has failed to bring on record any incriminating evidence against the accused (Kumar), he is acquitted of the charged offences in the present case," the judge said.
The judge noted that the girl and her mother had failed to identify Kumar in the court and even denied having lodged any complaint before the police.
The court also relied on the medical report of the girl which nowhere suggested sexual assault upon her.
"The medical report of the victim does not carry a positive finding for alleged penetrative sexual assault by the accused," the court said while acquitting him.
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