STATE (NCT. OF DELHI) Vs. AKIB

JUDGEMENT

(1.) The present Appeal under Sec. 378(1) of Criminal Procedure Code, 1973 has been filed against the Judgment dtd. 19/1/2021 vide which the Ld. ASJ has acquitted the Respondent of all Charges in FIR No. 449/2014 under Ss. 356/506 IPC & 12 POCSO Act, registered at Police Station Pul Prahladpur, Delhi.

(2.) The case of the Prosecution is that the father of the Prosecutrix, who owns a readymade Garments shop in HR-15 Sharma Market, had gone out of Delhi for some work and the Prosecutrix along with her mother, and was at the shop. At about 7:30 PM, there were two boys standing outside the shop and the accused/Akib (respondent) passed lewd remarks while staring at the Prosecutrix. When the Prosecutrix along with her mother interjected and asked them to leave, the accused entered the shop and held the hand of Prosecutrix and threw her on the ground and hurled abuses at her. The accused further threatened her with her life. The mother of Prosecutrix intervened, but the respondent threatened her as well and said that he is nephew of Nanhe and if anyone uttered anything, they will destroy them. In the meanwhile, Police arrived and caught hold of the accused.

(3.) The prosecutrix gave the Complaint on which FIR No. 449/2014 was registered under Ss. 354-A/354/506/509 IPC and 12 POCSO. ASI Jagbir, IO recorded statement of Smt. Kamlesh, mother of Prosecutrix and other witnesses under Sec. 161 Cr.P.C. The accused/Akib was arrested and was sent to Judicial Custody on 22/11/2014. Thereafter, the statement of Prosecutrix and her mother was recorded under Sec. 164 Cr.P.C.