Delhi Court Acquits Somnath Bharti In 2014 Assault Case, Finds Witness Statements Inadmissible

Additional Chief Judicial Magistrate (ACJM) Neha Mittal of Rouse Avenue Court delivered the verdict, observing that key prosecution witnesses had not deposed before the court, rendering their statements inadmissible. “The statements of the witnesses were inadmissible as they failed to depose before the court,” the court noted while acquitting Bharti of the charges levelled against him.

The case stemmed from an incident on the intervening night of January 15 and 16, 2014, when Bharti, then serving as Delhi’s Law Minister, along with others, allegedly reached Khirki Extension in Malviya Nagar. It was alleged that they assaulted Ugandan women residing in rented accommodation, accusing them of involvement in illegal activities including drug use and prostitution.

An FIR in the matter was registered on the directions of a court after a Ugandan woman filed a complaint on January 18, 2014, seeking action against unidentified persons.

The police had filed a chargesheet listing around 41 prosecution witnesses, including nine Ugandan women, to support the allegations. However, several witnesses did not appear before the court during trial.

In 2018, a magisterial court had framed charges against Bharti and others under multiple provisions of the Indian Penal Code, including rioting, molestation, voyeurism, wrongful confinement, criminal intimidation, assault, trespass, and outraging the modesty of a woman.

The prosecution had alleged that Bharti and co-accused forcibly entered the locality and assaulted the women. However, Bharti had maintained that he had acted on complaints from local residents alleging illegal activities in the area. He also stated that no drugs were recovered during the incident.

The Court noted:

(a) Statement of victims u/s 164 Cr.P.C. are inadmissible in evidence as they have not come before the Court to depose.

(b) The prosecution has not been able to establish the identity of the alleged victims beyond reasonable doubt.

(c) There is unexplained delay in registration of present FIR thereby weakening the case of the prosecution.

(d) Material contradictions have been noted in the testimony of eye-witnesses.

(e) The prosecution has failed to prove the constitution of unlawful assembly.

The Court, while examining the evidence, held that the prosecution failed to establish guilt beyond reasonable doubt, leading to Bharti’s acquittal in the nearly decade-old case. "....this Court hereby accords the benefit of doubt to the accused persons for the offences punishable u/s 323/ 354/ 354C/ 153A/ 147/ 143/ 152/ 186/ 506/ 509/ 427/ 342 IPC read with Section 149 IPC and hold the accused persons not guilty of commission of said offences. Accused persons namely Somnath Bharti, Aditya, Badlu Khan, Badal Khan@Nafees Ahmad, Pawan Saini, Naresh Saini, Dharamchand Rana, Ved Saini, Rajesh Saini@ Bittoo, Hemant Saini, Sanjeev Saini, Vijay Saini, Devender Chauhan, Anil Saini, Inder Saini and Shyamlal Saini are acquitted of the offences u/s 323/354/354C/153A/147/143/152/186/506/509/427/342 IPC read with Section 149 IPC," the Court observed.