RAM UDAGAR MAHTO Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. assailing the order dtd. 15/5/2019 passed by the learned Additional Sessions Judge-01 (South), Special Court (POCSO), Saket Courts, New Delhi in CIS/SC No. 7202/2016 arising out of FIR No. 220/2014 registered under Sec. 377 IPC and Ss. 4/6 of the POCSO Act at P.S. Saket, Delhi.

(2.) The brief facts necessary for the disposal of the present petition are that on 28/3/2014, the complainant had sent her son, aged about 4 years, along with her driver Ram Avtar (the petitioner herein) to her parental house. On the next day, the child victim complained to his mother of pain in his rectum. On being asked by the complainant/mother, the child victim narrated that the petitioner had inserted his penis in the child"s anus. After the arrival of complainant"s brother from abroad, a police complaint was made. During investigation, the medical examination of the child victim as well as the petitioner was conducted and the MLCs prepared. The relevant samples, including blood samples of the petitioner and the child victim and the underwear of the child victim were seized by the Investigating Officer for forensic examination. On 11/4/2014, these samples were taken to the FSL, Rohini. While the FSL report was awaited, the Investigating Officer filed the charge sheet under Sec. 377 IPC and Ss. 4/6 of the POCSO Act on 5/5/2014 without annexing the FSL report.

(3.) Subsequently, charge was framed and vide order dtd. 16/7/2015, the Trial Court allowed an application filed by the complainant for alteration of the charge. On this date, the Director, FSL, Rohini was also asked to explain the delay in preparation of the FSL report. The case was put up on 14/8/2015 for examination of the child victim.