STATE Vs. ROHIT

JUDGEMENT

(1.) State has taken exception to order dtd. 3/12/2020 whereby accused (respondent herein) has been acquitted of charges under Sec. 363/366/376(2)(i) IPC and Sec. 4 of Protection of Children from Sexual Offences Act (POCSO Act).

(2.) On 2/6/2016 at about 2.00 AM, mother of Miss S (name withheld) apprised her husband that their said daughter was not in the home. They searched for her but could not find her and suspected that some unknown person had enticed her away. Fact, however, remains that on 2/6/2016 at about 8.00 AM, she was found near a temple situated close to their house. She was immediately brought to the police station for investigational purpose. Her medical examination was got done and her statement was recorded.

(3.) In her statement before the police made on 2/6/2016 itself, she claimed that she was in love with accused and that night, she was with accused and made physical relationship with her, while getting emotional. According to her, the accused had claimed that he would believe in her love only if she was ready to make physical relation with her. There was, however, no allegation of her being enticed away or making her smell any intoxicating substance.