STATE NCT OF DELHI Vs. AKASH

JUDGEMENT

(1.) The present criminal leave to appeal petition under Sec. 378 (1) of the Code of Criminal Procedure, 1973 (Cr.P.C.), has been instituted on behalf of the State/petitioner assailing the impugned judgment and order dtd. 22/8/2020 passed by learned Additional Sessions Judge-05, South District, Saket Courts, New Delhi, in S.C. No.6619/2016, in case FIR No.75/2015, under Sec. 376 of the Indian Penal Code, 1860 (IPC); and Sec. 4 of the Protection Of Children from Sexual Offences Act, 2012 (POCSO Act), registered at Police Station Hauz Khas, whereby Akash alias Gunni, the sole respondent, was acquitted of the charges.

(2.) The prosecution's case is premised on a compliant received from "RA" to the effect that his 15-year old daughter "R" went missing from their residence at House No.215, Masjid Moth, near South Extension Part-II, New Delhi at about 4 p.m. on 17/1/2015. The complaint revealed that Akash alias Gunni was suspected of having allured the minor victim away from the lawful custody of her father.

(3.) The prosecution's star witness was "R", the victim herself, who recorded her statement under Sec. 164 Cr.P.C., before the competent Magistrate to the effect that Akash alias Gunni had enticed her to leave her parental home on the date of the commission of the offence; and taken her to a hotel near Masjid Moth, New Delhi, where he is alleged to have had sexual intercourse with her; and further that thereafter, he took her to Kashmere Gate for sightseeing.