STATE Vs. SHAMSHUDDIN

JUDGEMENT

(1.) Aggrieved by the judgment dated 25th April, 2017 whereby the learned Additional Sessions Judge acquitted the respondent Shamshuddin for the offences punishable under Sections 363/354A IPC and Section 10 of Protection of Children from Sexual Offences Act (in short POCSO Act), the State has preferred the present leave petition.

(2.) Police machinery was set into motion on receipt of information regarding attempt to assault on a 9 year old girl. Aforesaid information was recorded vide DD No. 30/PP (Ex.PW-10/A). Statement of the mother of the victim/complainant was recorded wherein she alleged that on 2nd September, 2013 at about 8:00 P.M., she had sent the victim along with her son to Dal Mill, Sector 2, DSIIDC, Bawana to Shashuddin's sugarcane shop to collect sugarcane waste for burning. After about 10-15 minutes, tea vendor Suresh came along with the victim and told her that Shamshuddin took victim to a vacant plot for committing wrong act and the victim came running shouting from there. Public persons have beaten Shamshuddin. Before this, complainant's son had also come to her and told her that Shamshuddin caught hold of victim's hand and took her to a vacant plot behind heap of soil, she shouted and came back running from there. On the basis of the aforesaid statement, FIR No. 353/2013 (Ex.PW-9/A) was registered for the offences punishable under Sections 354A/363 IPC and Section 8 POCSO Act at PS Bawana.

(3.) During the course of investigation, Shamshuddin was arrested vide Ex.PW-4/B, his personal search was conducted vide Ex.PW-11/A and his disclosure statement was recorded vide Ex.PW-11/B. Site plan was prepared vide Ex.PW-14/A. Statement of the victim was recorded under Section 164 Cr.P.C. vide Ex.PW-3/A. After the completion of investigation, charge-sheet was filed. Charge was framed for offences punishable under Sections 363/354A IPC and Section 10 POCSO Act against Shamshuddin.