A Delhi court has acquitted a tuition teacher of charges of sodomising and sexually assaulting his 13-year-old student after the minor boy failed to support the case of the prosecution.
Additional Sessions Judge Illa Rawat absolved Delhi resident Ejaz of the charges of unnatural offences under section 377 of the IPC and aggravated sexual assault under provisions of the Protection of Children from Sexual Offences (POCSO) Act, while noting that the minor boy had falsely implicated the accused.
"From the testimony of the child and other material witnesses examined by it the prosecution has miserably failed to prove that accused had committed repeated aggravated penetrative sexual assault upon the victim child against his wishes. Accordingly, I acquit him by giving him benefit of doubt," the judge said.
The court noted that the child during trial had admitted to having made false allegations in a bid to escape the ire of his mother, pursuant to a complaint against him for misbehaving with the accused's daughter.
It also noted that the medical report of the child could not prove the allegations of sodomy.
"Nothing is brought out from the medical examination of the minor which would support the allegations that accused had committed penetrative sexual assault with him," it said.
According to the prosecution, the boy had come to Delhi from Bihar to live with her mother after his parents had separated and he was taking Urdu tuition from Ejaz here.
On March 17, 2014, a complaint was filed by his mother and uncle after the child told them that when he had gone for the tuition to Ejaz's residence, he took him to an isolated plot and sodomised him.
However, later, the child and his mother told the court that the boy had lied about the incident as he was already facing proceedings in a Juvenile Justice Board for allegedly misbehaving with the accused's daughter, the court noted.
In his cross examination, the child further said that he made false allegations as he was scared that his mother would send him to his father's place in Bihar because of the case against him for misbehaving with Ejaz's daughter.
