Delhi court absolves youth of sodomy charges
Additional Sessions Jugde Sanjay Sharma absolved Birju Patel, 23, of the charge of sodomising a 14-year-old boy, saying, "The possibility of the accused having been falsely implicated by them for removing him from his job cannot be ruled out."
"False implication in rape cases is not uncommon and in some cases parents do persuade gullible or obedient daughter to make false charge of rape either to take revenge or extort money or to get rid of financial liability," the judge said, citing an earlier judgement of a higher court.
According to the prosecution, Patel had sodomised the boy on April 18, 2010 in a canteen at the Anand Vihar Railway Station, where his uncle Rai Singh was also employed.
Patel had in his defence contended that he was being implicated in the matter by Singh who wanted to "take over his job in a Railway canteen since the canteen in which Singh was working had been closed down for unauthorised operation".
Noting that immediately after the incident, Singh joined the canteen where Patel was working, the judge held the same was "suggestive of the fact that he was inclined to do the job there and hence in my opinion the accused has been able to raise a probable defence which is sufficient to raise doubt in the prosecution story".
The court also refused to rely on medical evidence that had suggested a mere possibility of sodomy.