STATE OF NCT OF DELHI Vs. BAL CHAND

JUDGEMENT

(1.) The present appeal has been preferred by the State against the judgment dtd. 1/12/2018 passed by the learned ASJ-01, Special Court, POCSO, North-West, Rohini District Courts, Delhi in proceedings arising out of FIR No. 388/16, P.S. Shalimar Bagh registered under Ss. 376/506 IPC and Sec. 6 POCSO Act, whereby the respondent was acquitted. This Court, vide order dtd. 11/12/2024, while allowing the leave to appeal petition of the State, directed the respondent to furnish fresh bail bond with surety.

(2.) Learned APP for the State, submits that the Trial Court has erred in acquitting the respondent. It is contended that the respondent dragged the victim into his jhuggi and thereafter inserted his finger in her vagina. The prosecutrix reiterated allegations made in the F.I.R when her statement under Sec. 164 CrPC was recorded as well as at the time of the deposition. It is submitted that the contradictions, if any, in the testimonies of the witnesses are trivial in nature and do not weaken the prosecution case.

(3.) Learned counsel for the respondent, on the other hand, supports the impugned judgment and contends that the testimony of the child victim and her father differs on numerous material aspects. It is further submitted that there were quarrels between the respondent and the father of the child victim just prior to registration of the present FIR and on account of quarrel which took place day(s) prior, the false case came to be lodged after a delay of two days.