STATE Vs. SUNIL

JUDGEMENT

(1.) The present petition seeking leave to appeal under Sec. 378 Cr.P.C. has been filed against the impugned judgment dtd. 7/8/2019 passed by learned trial Court in FIR No.994/2014, registered at police station Aman Vihar, Delhi for the offences Ss. 363/376/366/368/506/34 IPC and Ss. 4/21 of the Prevention of Children from Sexual Offences Act, 2012 (henceforth referred to as the "POCSO Act"), whereby respondents-accused have been acquitted by the learned trial court giving benefit of doubt.

(2.) During the pendency of the present appeal, this Court was informed that respondent No.2- Saroj has passed away. On the directions of this Court, petitioner-State verified the factum of death of respondent No.2 and vide status report dtd. 1/8/2023, Death Certificate of respondent No.2 has been placed on record, wherein it is recorded that she passed away on 5/5/2021. In this view of the fact, vide order dtd. 2/3/2023, the present appeal against respondent No.2 stood abated and the present petition was heard qua respondents No.1 & 3 only.

(3.) The facts giving rise to the present petition are that on 13/9/2014, brother of the victim girl registered a complaint regarding missing of his sister aged 12 years since 4/9/2014. The complainant apprehended that one Mohan Chauhan had kidnapped her. On his complaint, FIR in question was registered. On 1/10/2014, the victim girl was brought to the Police Station Sultanpuri, Delhi where she reported that some wrong act had been committed upon her. The victim girl was taken for medical examination where she narrated that she was sexually assaulted by one Sunil repeatedly from 4/9/2014 till 30/9/2014.