Booked for naming rape victim in 2016 case, Delhi court acquits Swati Maliwal
Additional Chief Judicial Magistrate Neha Mittal also acquitted Bhupender Singh, then DCW's Public Relations Officer, saying the prosecution had failed to prove the charges beyond reasonable doubt.
Prosecutors alleged that Singh, at Maliwal's behest, sent a copy of a notice issued by her to the Burari police station house officer (SHO) on a WhatsApp group, 'DCW Media', which was later aired by a TV channel. The FIR claimed the notice, in which Maliwal sought details of the rape investigation, was 'intentionally circulated.'
'This court is of the considered opinion that the prosecution has failed to prove the commission of offence under Section 74 of the Juvenile Justice (Care and Protection of Children) Act, read with Rule 86 of the Juvenile Justice Rules, by the accused persons beyond a reasonable doubt,' the magistrate said. She noted that the sending of the notice on WhatsApp by Singh, or its sharing with a news channel, was not proved.
'Court holds the accused persons not guilty of the commission of said offence. Accused persons, namely Swati Maliwal Jaihind and Bhupender Singh, are hereby acquitted of the offence under Section 74, read with Rule 86 of the Juvenile Justice Act,' she added, citing 'complete failure on the part of prosecution or complainant (Inspector Satyabir Singh) to prove the sending of WhatsApp messages by the accused no. 2 (Singh). Thus, admission made by him, in his statement, if any, cannot discharge the burden of proof placed upon the prosecution.'
On claims that a TV channel showed the notice on July 25, 2016, the court said no such notice appeared in the footage and the anchor did not reveal the victim's name. 'Thus, the allegations of the prosecution to this extent appear to be baseless and unfounded,' it said.
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