STATE Vs. MOHIT

JUDGEMENT

(1.) This leave to appeal by the State is belated and an application for condoning delay of 14 days in filing has been moved. However, before issuing notice on the said application, we have deemed it appropriate to examine the impugned judgment on merits.

(2.) The judgment under challenge dated 12.12.2014 passed by Ms. Illa Rawat, Additional Sessions Judge, North-West-1, Rohini, Delhi, acquits the respondent Mohit from the charges under Sections 366/376(i)/506 of the Indian Penal Code, 1860 ("IPC" for short) and Sec. 4 of Protection of Children from Sexual Offences Act, 2012.

(3.) On the question of age of the prosecutrix, the prosecution had relied upon the school records, Ex.PW-3/A to Ex.PW-3/D, of the Nigam Pratibha Vidyalaya, Prem Nagar, Delhi. As per the said records, the date of birth of the prosecutrix is 21.10.1997. Thus, the plea that on the date of occurrence in May, 2013, the prosecutrix was a minor being 17 years of age, or was certainly less than 18 years. The impugned judgment does not rely upon the said records for several reasons', including the admitted fact that the prosecutrix was admitted to the said school in Class III and certificate of the school first attended was not adduced and produced by the prosecution. Ossification tests were not undertaken and no report was submitted.