STATE Vs. RAKESH

JUDGEMENT

(1.) In this appeal filed under Sec. 378(3) of the Code of Criminal Procedure, 1973 (the Cr.P.C.), by the State, namely, the respondent, in Sessions Case No. 174/2013 on the file of the Additional Sessions Judge, Central District, Tis Hazari Court, Delhi, assails the judgement dtd. 2/9/2014 as per which the sole accused has been acquitted of the offences punishable under Sec. 354A of the Indian Penal Code, 1860 (the IPC) and Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).

(2.) The prosecution case is that on 29/8/2013 at 04:30 P.M., at Local Shopping Centre, C-10, Vivekanand, Delhi, the accused sexually harassed and sexually assaulted PW5, a minor girl, aged 11 years. Hence, as per the chargesheet/final report, the accused is alleged to have committed the offences punishable under Ss. 354A IPC, 8 and 12 of the PoCSO Act.

(3.) On the basis of Ext. PW4/A FIS/FIR of PW5 given on 31/8/2013, Crime no. 382/2013, Sarai Rohilla Police Station, i.e., Ext.PW2/B FIR, was registered by PW2 Head Constable. PW6, Sub Inspector, conducted investigation into the crime and on completion of the same, filed the chargesheet/final report alleging commission of the offences punishable under the aforementioned Ss. .