Court acquits man accused of sodomy

A man accused of sodomising a deaf and dumb minor Nepalese boy has been let off by a Delhi court because of the Nepal government’s failure to serve summons to the alleged victim and his parents, now living there, to depose here in the case.

While acquitting Uttar Pradesh native Karan Singh, the court noted that the alleged victim did not return to depose because of the Nepal government’s failure to serve them the court summonses due to absence of relevant treaty between the two countries.

“Despite various efforts, these witnesses (the alleged victims and his parents) could not be served summonses. Summonses were sent even through ministry of home affairs, but were received back unexecuted with the letter of under secretary, the Government of India.

The MHA stated that the government of Nepal refused to execute the summons expressing their inability to execute the same in the absence of treaty between the Government of the Republic of India and the Government of Nepal,” the court said.

The court acquitted Singh saying there is no incriminating evidence against him and that the prosecution could examine only one witnesses despite several opportunities given to it.

“In the absence of victim and the victim’s parents, all the other witnesses are formal in nature. No useful purpose would have been served by examining these formal witnesses.

“There being no incriminating evidence against Singh. The accused is acquitted from the offence punishable under section 377 (unnatural offences) of IPC,” it said.

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