STATE Vs. ASHOK

JUDGEMENT

(1.) Appeal under Sec. 378 (1) Cr.P.C. has been filed to challenge the Order of acquittal dtd. 20/8/2016 passed by the Learned Additional Sessions Judge in FIR No.1180/2015 under Sec. 354 Indian Penal Code, 1860 and Sec. 10 Protection of Children from Sexual Offences Act, 2012(POCSO Act).

(2.) The brief facts are that on 9/12/2015, information was received about assault of a nine years old girl by her neighbour. An inquiry was initiated during which SI Pramod Kumar along with Ct. Vinay went to the house of the prosecutrix where he met the child with her Aunt (Ms.V). It was found that the alleged accused was in the house which was in the neighbourhood and was in a drunken condition. The IO along with the prosecutrix and her Aunt went to the house of the accused where they met him and he was recognized by the prosecutrix.

(3.) The statement of the prosecutrix was recorded wherein she stated that on that day at about 7:00 pm she was going to a shop for making some purchases when one person caught hold of her hand and took her to a dark corner in the Park where he did 'Cherkhani' with her. That man was under the influence of alcohol. The child raised an alarm on which the man ran away. She came back home and informed her aunt 'V' about it.