STATE Vs. DEEPAK

JUDGEMENT

(1.) Aggrieved by the judgment dated 17th January, 2015, whereby the learned Additional Sessions Judge acquitted the respondent Deepak for the offence punishable under Section 354A IPC read with Section 8 Protection of Children from Sexual Offence Act, 2012 (in short 'POCSO Act'), the State has preferred the present appeal.

(2.) Sequence of events leading to the prosecution case are that Ct. Amit informed the PCR that one boy was following a girl and ran away after teasing the girl from House No. 6127, Jhandewalan Road, Nabi Karim. Aforesaid information was recorded vide DD No. 25A (Ex.PW-4/A) and assigned to SI Ravi Shankar (PW-7). He along with Ct. Purushottam (PW6) reached the place of occurrence where they met HC Inderpal. Respondent Deepak was produced. They also met the victim aged 15 years. However, she refused to give her statement as her parents were not at home and stated she would give the statement after consulting her parents.

(3.) It is the case of the prosecution that in the evening, SI Ravi Shankar again visited the house of the victim when she gave a written complaint (Ex.PW-5/A). As per the complaint, on 21st May 2013 at about 1:15 P.M. when the victim was returning home after attending her coaching at Multani Dhanda and reached near Mother dairy, she saw one person, that is, Deepak, in an inebriated condition, following her. When she reached Gali No.4, Bachichee, Allauddin, Delhi, Deepak caught hold of her arm, however, she escaped and rushed towards her house but Deepak followed her. Consequently, she raised alarm due to which public persons from the neighbourhood gathered and started beating Deepak. On the basis of the aforesaid complaint, FIR No. 105/2013 was registered at PS Nabi Karim for the offences punishable under section 354B IPC read with Section 12 of POCSO Act. During the course of investigation, the statement of the victim was recorded under Section 164 of the Cr.P.C., documents relating to her age proof were collected and Deepak was arrested. After completion of investigation, charge sheet was filed. Charge was framed for the offences punishable under Section 354A IPC and Section 8 of POCSO Act against the respondent.