DEHRADUN: An Additional District and Sessions Court in Dehradun has acquitted a South Sudanese student accused of allegedly raping a fellow international student, citing a “gross lack of scientific investigation” by the police.
In a strongly worded judgment delivered on Friday, Additional District and Sessions Judge Rajni Shukla criticised the Clement Town police for failing to collect crucial forensic evidence and pulled up Sub Inspector Sanjeet Kumar, the investigating officer, for procedural negligence.
“The investigating officer completely ignored scientific evidence in this case. Given the allegation that the victim was assaulted while asleep, standard procedure dictated the seizure of bedsheets and clothing for forensic examination. This was not done,” the court observed.
The case dates back to October 29, 2024, following a farewell party organised by international students of a private university.
The survivor, a South African national, had initially lodged a Zero FIR at Kashmiri Gate police station in Delhi, which was later transferred to Dehradun for investigation as the incident took place there.
The accused, identified as Musa alias Moja, was charged with rape. However, the prosecution’s case weakened considerably during the course of the trial.
During cross examination, the survivor admitted that she and other students had consumed alcohol at the party. She stated that due to her intoxicated state, she was unable to clearly recall the sequence of events or identify who had touched her.
Testimonies of other foreign students present at the gathering also contradicted the prosecution’s version. Witnesses told the court that the accused and the survivor had slept in separate rooms.
One student deposed that a scream was heard during the night but believed it was due to a nightmare, adding that the accused was not in the room when they checked on the survivor.
Observing that the prosecution had failed to establish the charges beyond reasonable doubt and describing the probe as a “shoddy investigation”, Judge Shukla ordered the acquittal of the South Sudanese national.