STATE Vs. RAHUL KUMAR

JUDGEMENT

(1.) The present leave to appeal under Section 378 of the Code of the Criminal Procedure, 1973 has been instituted on behalf of the State assailing judgment and order dated 09.12.2019 passed by the learned Trial Court acquitting the accused, namely Mr. Rahul Kumar of charges under sections 363/366/376 of the Indian Penal Code, 1860 and under Section 6 POCSO Act, arising from FIR No. 426/2013 registered at P.S.: Khyala, Delhi.

(2.) It is the admitted position that, in terms of the ossification report exhibited before the learned Trial Court, the alleged victim was an adult on the date of commission of the offence; and was in fact already married to the accused.

(3.) We are informed at the Bar today that the alleged victim and Mr. Rahul Kumar, the accused before the learned Trial Court, are since living together as husband and wife; and in fact they have two sons, aged about 07 years and 04 years.