STATE Vs. ARIF

JUDGEMENT

(1.) Instant appeal is arising from the Judgment dated 02.08.2018 passed by the learned Additional Sessions Judge, (North-West)-01 Special Court, POCSO, Rohini, District Courts, Delhi in Sessions Case No. 124/15 arising out of FIR No. 538/15 registered under Sections 354A / 354D / 376 / 384 IPC and Section 4 POCSO Act at PS Sultan Puri, Delhi whereby the respondent/accused was acquitted from the charges leveled against him.

(2.) Brief facts stated are that on 08.06.2015, PW6 W/ASI Sajni received information through wireless from SHO PS Sultan Puri of sexual assault on minor girl, on receiving said information, PW6 alongwith NGO Counselor reached to PS Sultan Puri and made preliminary inquiry from PW3 prosecutrix 'E' and her mother PW10. Thereafter, PW6 got prosecutrix 'E' counseled and her statement (rukka) Ex.PW3/A was got recorded and W/ASI Sajni sent prosecutrix to SGM Hospital alongwith her mother and Lady Ct. Manju for conducting her medical examination vide MLC Ex.PW3/B and thereafter FIR No. 538/15 was got registered under Sections 354A / 354D / 376 / 384 IPC and Section 4 POCSO Act at PS Sultan Puri, Delhi on basis of said statement. Statement Ex.PW3/A is reproduced below :

(3.) After registration of said FIR, on same day i.e. 08.06.2015, investigation was handed over to W/SI Omwati PW7 who, on the next day i.e. 09.06.2015, arrested the accused Arif vide Arrest Memo Ex.PW3/D, his personal search was got conducted vide personal search memo Ex.PW3/E and his medical examination was got done vide MLC Ex. PW4/A. Thereafter, accused vide his disclosure statement Ex.PW7/A pointed out place in Japanese Park vide pointing out memo Ex.PW7/B. Accused took the police team to Muthoot Fincorp Ltd. at Budh Vihar and got recovered gold articles vide pointing out memo Ex.PW7/C. PW2 Sh. Suraj Sharma, manager of said Muthoot Fincorp Ltd. branch was got examined under Section 161 Cr.P.C. and produced documents of pledge of said gold articles i.e. one Gold Jhumki of 9.1 gms (Ex.P1) and one Gold Ring of 2.7 gms (Ex.P2) in lieu of which accused Arif had taken Rs.20,000/- from the branch same were seized vide Seizure Memo Ex.PW7/D. Said Gold articles were seized vide Seizure Memo Ex.PW7/E. On 11.06.2015 PW7 got statement of prosecutrix 'E' recorded under Section 164 Cr.P.C. vide application Ex.PW1/A. Thereafter, on same day site plan Ex.PW3/C of the place of incident was made at instance of prosecutrix 'E'.