In a recent case reported from Haryana, a 29-year-old man who had been accused of sexually assaulting a boy, has been acquitted of charges against him.
This seemed to be a case of alleged religious hate crime where the ‘accused’ man’s hand was chopped off.
Here’s What Happened
In September 2020, Ikhlaq Salmani had travelled to Panipat to look for a job. According to some of his relatives, Ikhlaq’s hand was chopped off by some local men allegedly after they saw a religious tattoo ‘786’ on his hand.
The police had registered an FIR in the matter.
Other Side
A second FIR was filed on the same day by the men who allegedly attacked Ikhlaq, accusing him of “sodomising” a young boy in their family in August and claiming that he hurt himself when he fell on railway tracks nearby while he was fleeing.
Haryana Court
Now a local court in Haryana has acquitted Ikhlaq of the charges against him under the strict law involving child sex abuse and has raised doubts about the prosecution’s account.
It noted,
Sexual assault charges had not been corroborated by any medical evidence, which runs rather contrary to the assertions made by the victim
The court added,
This court is of the view that because of the inconsistencies, contradictions and the improbabilities in the testimonies of the victim, his father and uncle (complainant), the presumptions have been rebutted. Consequently, it is held that the testimony of the victim, his father and uncle is not sufficient and cannot become the sole basis to convict the accused.
The court also questioned the delay in filing the complaint about the alleged sexual assault – which the accusers had tried to explain by saying “they were searching themselves for the accused”.
To this the court questioned,
Complainant has himself stated in his complaint that the accused disclosed his name and address to him before fleeing from the spot. Why they did not immediately report the matter to the police and what is need to search for the accused on their own part?
Clearing the accused man of sexual assault charges, the court concluded,
A doubt is created upon the story of the prosecution, as the delay has not been satisfactory explained by the complainant. In fact, the entire version of the prosecution is improbable and has remained uncorroborated and unexplained in many aspects.
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