STATE OF NCT OF DELHI Vs. RASHID

JUDGEMENT

(1.) EXEMPTION allowed subject to all just exceptions.

(2.) BY the present criminal leave petition filed under section 378(1) of the Code of Criminal Procedure, the state seeks leave to appeal against the judgment dated 31.10.2014 passed by the learned ASJ in sessions case No. 56/2013 whereby the respondent (accused before the trial court) was acquitted of the charges punishable under section 376(2)(f) of Indian Penal Code read with section 4 and 6 of the POCSO Act.

(3.) SI Sangeeta (PW18) recorded the statement of the Complainant, father of the victim (Ex.Pw1/A) wherein he stated that on 16.12.2012 he had sent his nephew aged about 9 years and his daughter aged about 6 years to the opposite block to deliver food to his sister and at about 10:45 PM his nephew returned home and informed the complainant that his daughter was caught by one boy in the stairs who pulled down her pyjama and was doing 'chera khani' with her. The complainant rushed downstairs and apprehended the said boy at the distance of about 200mts. A call was made to the PCR, FIR was got registered under section 376 IPC read with section 4 of the POCSO Act, victim was medically examined and accused was arrested. On completion of investigation, charge sheet was filed. Thereafter charges against the accused were framed under section 376(2)(f) IPC read with Section 4 and 6 of the POCSO Act.