STATE Vs. RAJIV

JUDGEMENT

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

(2.) The present petition seeking leave to appeal has been filed by the State under Sec. 378(3) of CrPC, against the impugned judgment dtd. 4/12/2019 by which the Accused/Respondent has been acquitted of charges framed under Ss. 363/366/506/376 IPC and Sec. 4 of POCSO Act.

(3.) On 28/3/2013, a complaint was registered at the instance of the mother of the prosecutrix. The allegation in the complaint was that on the night of 28/3/2013, the Accused/Respondent along with a juvenile kidnapped the survivor, and took her to the roof of the said juvenile's house, where the Accused/Respondent committed rape upon the survivor. It is alleged that after some time the mother of the survivor heard the cries of the survivor and reached at the spot along with other relatives. She found that her daughter was in the company of the Accused/Respondent, and the other co-accused allegedly ran away at that point of time. It is alleged that the Complainant was informed by her daughter that she had been raped by the Accused/Respondent. The father of the survivor was working as a night watchman, who was then called to the residence and thereafter, on the statement of the survivor, FIR No.82 of 2013 was registered at P.S. Adarsh Nagar.