Tuesday, 02 January 2024 12:17 GMT

Why A Delhi Court Acquitted A Father Accused Of Beating His Daughter


Date:

(MENAFN- AsiaNet News)

A Delhi court has acquitted a man named Abaad who was accused of beating his daughter, insulting her modesty and subjecting her to physical or mental suffering, after finding that the prosecution failed to prove the charges beyond reasonable doubt. The daughter denied that her father had assaulted her, while the other witnesses failed to provide sufficient evidence to establish the allegations.

Additional Sessions Judge Vikas Garg passed the acquittal order on October 15. Abaad was facing charges under Sections 323 and 509 of the Indian Penal Code (IPC), along with Section 75 of the Juvenile Justice (Care and Protection of Children) Act. The court held that the prosecution's case was not supported by the daughter's testimony and that the remaining evidence was insufficient to fill the gaps. It concluded that the accused was entitled to the benefit of doubt.

What Were The Allegations Against The Father?

According to the prosecution, the daughter had alleged that her father had physically assaulted her for around 10 years. She had also accused him of verbally abusing her and neglecting her medical and educational needs.

The prosecution further alleged that on March 31, 2024, the father beat his daughter and kicked her in the stomach. A case was subsequently registered at Lahori Gate police station in connection with the allegations.

However, the daughter's account changed during the trial. She told the court that she had never filed a complaint against her father and that he had never beaten her.

She also claimed that her statement recorded before a magistrate had been made under pressure from her maternal uncle and police officers.

Daughter Denies Assault During Trial

The court noted that the daughter maintained her denial even when the prosecution cross-examined her. Her testimony, therefore, did not support the allegations against the accused.

The prosecution also relied on two other witnesses, but their statements did not establish the charges beyond reasonable doubt.

One witness claimed to have seen Abaad beating his wife and daughter. However, the court found inconsistencies in the witness's statements, affecting the reliability of the evidence.

The second witness, the daughter's maternal uncle, told the court that the alleged beating had not taken place in his presence. His testimony did not directly establish the incident in question.

Court Gives Accused Benefit Of Doubt

In its order, the court said the victim's testimony did not support the prosecution's case and the evidence from the other witnesses was insufficient to bridge the gaps.

"The testimony of the victim does not support the prosecution's case, while the evidence of the other witnesses is insufficient to bridge the gaps in the prosecution's case," the court observed.

It added that Abaad was entitled to the benefit of doubt and acquitted him of all the charges.

The ruling followed the court's finding that the prosecution had failed to establish the allegations beyond reasonable doubt. The acquittal was based on the evidence presented during the trial.

(With inputs from agencies)

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