A local court has acquitted a cab driver, accused of gangraping and sodomising three school- going minors, along with four juveniles in 2010, and ordered for registration of a case against two Delhi Police personnel for falsely implicating him.
Holding that statements of the alleged victims and their mother were "incredible" and "untrustworthy", the court raised questions on the authenticity of their versions after going through medical reports which revealed that there were no injury marks on their private parts.
It also observed that absence of injury marks on private parts of the victims was "quite improbable" in a sexual assault case.
"This is a unique case as initially victims made certain allegations of sexual exploitation against the driver of the school cab and two schoolmates but later on they added numerous persons in the list of accused persons including several coaches, schoolmates, their friends, security guard," Additional Sessions Judge Pawan Kumar Jain said.
"I am of the considered opinion that no reliance can be placed on the uncorroborated depositions of mother and victim, rather in view of surrounding circumstances in my opinion their depositions are totally incredible, untrustworthy and insufficient to record any conviction," the judge said.
The case had led to public outrage here in 2010 after the mother had complained that her 12-year-old daughter was gangraped and her sons, aged 13 and seven years respectively, were sodomised by Lalit Ratawal (32) and other juveniles including school-going children.
Ratawal was arrested by police along with four juveniles on the complaint of the mother.
In its verdict, the court asked its reader to file a case against Delhi Police Sub-Inspector Chanchal and constable Jugal Kishore for allegedly fabricating false evidence and creating a false circumstance against the accused.
"I am of the considered opinion that the prosecution has miserably failed to bring home the guilt of accused for the offences punishable under section 376 (2)(g)/506 (gangrape and criminal intimidation) of IPC and under section 377 (unnatural sex) read with section 34 (common intention) of IPC, thus, I hereby acquit accused from all the charges," the court said.
