A local court has acquitted a man of the charges of circulating objectionable messages about a woman after not finding enough evidence against him.
Additional Sessions Judge Reetesh Singh let off the north Delhi resident while setting aside a magisterial court’s order which had awarded four months imprisonment to him along with a fine of Rs 9,000.
"Impugned orders (of magisterial court) are set aside and the appellant is acquitted in respect of all the charges framed against him," the court said.
It noted that police failed to examine the person who provided call and SMS records and file the records with the proper legal documents.
"Hence even this piece of evidence… is rendered inadmissible in evidence," the court said, noting that there was no other evidence other than the call detail and SMS records of the phone number which could establish that the obscene messages were circulated.
The court also noted that during the pendency of trial, the girl died due to illness and thus she could not be examined as a witness.
According to police, the accused had circulated certain objectionable messages about the girl from his phone.
The police had claimed that after being apprehended, the man had disclosed that he was trying to establish a relationship with the girl but after she did not respond, he flashed the obscene messages.
However, the man had denied the allegations levelled against him.
The magisterial court had convicted the man for offences punishable under sections 292 (sale of obscene object to younger persons) and 509 (uttering word or making gesture intended to insult woman’s modesty) of the IPC.