STATE Vs. OM PRAKASH

JUDGEMENT

(1.) This hearing has been done through hybrid mode.

(2.) The present petition under Sec. 378(3) of the CrPC has been filed seeking leave to file an appeal challenging the impugned judgment dtd. 9/11/2020 by which the Respondent/Accused has been acquitted of all the charges framed against him under Sec. 6 of the POCSO Act in Sessions Case No. 28146/2016, arising out of FIR No. 70/16, under Ss. 376/376(2)(n)/(i)/(j)/(k)/506 of the IPC and Sec. 6 of the POCSO Act, registered at PS Roop Nagar.

(3.) The allegation against the Respondent was that he had committed aggravated penetrative sexual assault against the survivor who was merely 7 years of age at that time. The incident allegedly took place on 1/2/2016 around 8:30 PM. As per the complaint, when the survivor was playing in her room, the Respondent came in and gagged her mouth and committed inappropriate acts with her. The survivor also alleged that he thereafter committed aggravated penetrative sexual assault. It was under these circumstances that the chargesheet was filed before the Court of competent jurisdiction and charges were framed against the Respondent.