STATE OF NCT OF DELHI Vs. VIKAS KUMAR

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the respondent/State in Sessions Case No. 160/2013 on the file of Additional Sessions Judge-01, Patiala House Courts, New Delhi, assailing the judgment dtd. 28/11/2014 as per which the sole accused has been acquitted of the offences punishable under Ss. 363, 366 and 506 of the Indian Penal Code, 1860 (the IPC) and Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 (the PoCSO Act).

(2.) The prosecution case is that on 31/7/2013, the accused kidnapped PW3, aged about 17 years, with the intention to compel her to marry him. PW3 was compelled to join the accused as he threatened to defame her by posting her photographs on the internet. Thereafter, during the period between 31/7/2013 and 2/8/2013, the accused sexually assaulted PW3 by threatening to upload her photographs on the internet. Thus, as per the chargesheet/ final report the accused is alleged to have committed the offences punishable under Ss. 363, 366, 506 IPC and 12 of the PoCSO Act.

(3.) On the basis of Ext. PW2/A FIS/FIR of PW2, given on 31/7/2013, Crime no. 234/2013, Sarojini Nagar Police Station, i.e., Ext. PW1/A FIR was registered by PW1, Head Constable (HC). PW5 Sub Inspector conducted investigation into the crime and oncompletion of the same, filed the chargesheet/final report alleging commission of the offences punishable under the aforementioned Ss. .