STATE Vs. MOHAN

JUDGEMENT

(1.) Criminal Appeal under Sec. 378(1) Cr.P.C. has been filed by the Petitioner/State against judgment dtd. 28/3/2017 vide which the Respondent has been acquitted for offences under Sec. 354A IPC and Sec. 9 POCSO Act by learned ASJ, Delhi in FIR No.0109/2014, registered at PS: Mandawali.

(2.) Briefly stated, a hand-written Complaint dtd. 5/2/2014 had been made by Smt. K. K. (mother of prosecutrix) that on 3/2/2014, her daughter was alone in the house and watching T.V., while other family members were present on the roof. Resopndent, who resides in their neighbourhood, came and tried to do 'utli sidhi harkat' with her daughter and asked her to sit in his lap and he would do something and would give a chocolate. He then started removing her cloths and lay on her, which frightened the little girl who came up and told about the incident to the family members. The mother of the Respondent requested the mother of prosecutrix that her son was 'mad' and no complaint be registered against him. However, on 5/2/2014, when Respondent again came to their house, he tried to repeat the same act, but this time, the police was called and the Complaint was made on which FIR No.0109/2014, under Sec. 354A IPC and Sec. 9 POCSO Act was registered at PS: Mandawali.

(3.) The statement of the Prosecutrix was recorded under Sec. 164 Cr.P.C. before the learned M.M. After completion of investigations, Chargesheet was filed in the Court on 5/7/2014.