Ex-Delhi minister Sandeep Kumar acquitted in 2016 rape case after complainant turns hostile
As per the prosecution’s case, the complainant's cold drink was spiked with some intoxicating substance after which the alleged incident took place.
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Former AAP member and Delhi minister Sandeep Kumar. (File)Eight years and a hostile complainant later, former Aam Aadmi Party (AAP) member and Delhi minister Sandeep Kumar, accused in 2016 of allegedly raping a woman who had gone to his office for help to obtain a ration card, was acquitted by a Delhi court Wednesday.
The main reason for his acquittal was that the complainant turned hostile. On being examined by the prosecution, the complainant said no such incident ever took place and that she never visited Kumar’s house. She also said she never got any case registered with the police. She further deposed that she had a ration card prior to 2016 and denied giving the very statements which the prosecution had relied upon.
“… it is submitted that as per the own case of the prosecution, the said ration card was issued even prior to the date of the alleged incident and, hence, there was no reason for the prosecutrix to approach the accused for issuance of her ration card/BPL card,” said Special Judge Kaveri Baweja of Rouse Avenue Court while acquitting Kumar.
The AAP had suspended Kumar after an “objectionable” video of him with the woman surfaced. At the time of the complaint, Kumar was the MLA from Sultanpuri, and the Women and Child Development minister and Social Welfare minister. Last month, he joined BJP’s Haryana unit but was expelled from the party within hours for allegedly “concealing his past”.
Despite the complainant turning hostile, the prosecution, represented by Additional Public Prosecutor Manish Rawat, stated that they still had a case against Kumar, relying on video evidence in two pen drives of the alleged incident.
As per the prosecution’s case, the complainant’s cold drink was spiked with some intoxicating substance after which the alleged incident took place. It was also alleged that Kumar had recorded the act and uploaded it on social media.
“… although the prosecution may have been able to bring home its case that the contents of the said pen drives remained unaltered as opined by the FSL (Forensic Science Lab)… however, the very fact that there is no evidence as to who transferred the said video recordings in the two pen drives, the contents of the pen drives cannot be said to have been proved as per law,” said Judge Baweja in the judgment.
The pen drive was provided to the police by a TV channel. A driver working with the legal department of the channel had told the court that he was given a letter and a sealed envelope (which contained the pen drive) by the firm’s legal head, which he was instructed to deliver to Sultanpuri police station.
Relying on the video recordings in the pen drive, which were played in court, APP Rawat pointed out that the persons in the video appeared to be Kumar and the complainant. The complainant, however, denied being in the video.
“… the person who transferred the video recording in the above two pen drives is neither a witness of the prosecution nor finds any mention in the chargesheet,” the court noted.
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