Victim didn’t complete examination,led to acquittal of Kasliwal

A last-minute decision by the victim to withdraw from cross-examination and failure on part of the investigating agency to support the prosecution’s claim gave a new lease of life to Abhishek Kasliwal,son of industrialist Ambuj Kasliwal,arrested on charges of raping a 52-year-old woman five years ago and acquitted last week.

A detailed copy of the 21-page judgment specifies that Kasliwal was acquitted from the charges of rape and criminal intimidation because the woman refused to carry on with her deposition before the court. Additional Sessions Judge S R Malpani Pawar observed that the woman’s cross examination remained incomplete and her evidence cannot be considered to determine the guilt of the accused.

On December 15,2010,half-way through the deposition,the woman submitted an application saying that she was suffering from cancer,a stent had been put in her heart and she was not in a position to attend the case for cross examination.

She stated that since her health was deteriorating,she wanted to close the case. The order stated that she was given enough opportunity to think over her decision and was informed that her depostion could be recorded at any place she wanted as she was the main witness in the case.

The woman’s description of the car did not match the car seized during investigation,the court observed. This was also admitted by the investigating officer during cross examination.