The learned trial court has recorded the conviction on the basis of
uncorroborated testimony of Aradhana, the sole interested alleged
eye witness, despite the fact that prosecution failed to prove beyond doubt that she was present at the spot at the time of alleged occurrence and without noticing the contradiction and improvements made by her in her testimony. The learned trial court failed to appreciate evidence regarding unreliability, contradictions and large scale improvements made by her. The learned trail court misread the oral and documentary evidence and gave the finding on sunrises and conjectures. It dismissed the major lacunas as minor lacunas. The learned trial court failed to appreciate effective delay in lodging complaint/memorandum and manipulated documents by the prosecution. The probable story contended by the accused was not considered The defence evidence and defence versions were neither examined nor considered. So no reason has been given for ignoring/rejecting the defense evidence and defense versions in totality. Equal treatment is required to be given to the defense evidence and witness as two witnesses platoo and Thomas was not put among the court. The prosecution did not bring the coach Thomas in witness box. The fact shows that during investigation deceased Ruchika was not examined by investigating officers.when there are two different points are available then one favoring the accused must be accepted. The story propounded by the prosecution itself disprove the intention . The prosecution story that Ruchika came to meet appellant in his office para-3 As per the version of prosecution girls remained silent for two days, they did not show any reaction in MTA.she did not mention any incident to Thomas and paltoo. It is also argued that act of molestation by the accused is totally false as it was impossible to commit that type of act at very that moment and at very that spot.