STATE GOVT OF NCT OF DELHI Vs. KHURSHEED

JUDGEMENT

(1.) The State has preferred the present appeal upon grant of leave to assail the judgment dated 24.11.2016 rendered by the learned Additional Sessions Judge-01, South East District, New Delhi in Case No. 1808/ 16, Sessions Case No. 209/ 13, arising out of FIR No. 369/ 2013 registered at Police Station- Badarpur under Sections 376 IPC and Section 4 of the POCSO Act.

(2.) By the impugned judgment, the Trial Court has acquitted the Respondent/ Accused- Khursheed, inter alia, on the premise that the testimony of the prosecutrix was untrustworthy due to various improvements, contradictions and inconsistencies in the same. The trial court held that the accused has cast serious doubts on the case of the prosecution and raised a possibility of false implication.

(3.) The case of the prosecution is that on 15.10.2013 at 6:15 PM, W/SI Krishna vide DD 39A, met with the complainant- Sheela Devi (PW8) and her daughter aged 8 years- prosecutrix (PW1), at PS Badarpur. The complainant stated that she lived with her 2 daughters and 3 sons in a rented accommodation at H. No. 316, Ajju Colony, Badarpur, New Delhi. On the said day, when the complainant returned home from her job around 3:00 PM, her daughter- prosecutrix, who was a student of 4 th class in a government school was missing from their house. She started searching for her daughter and upon suspicion, she went to the nearby room of Khursheed and pushed open the door of his room. She found that the accused Khursheed had put the prosecutrix on the floor and had removed her lower clothes. She added that Khursheed had also removed his own pant and was lying over the prosecutrix. The complainant pushed him away, upon which he ran away from the spot after wearing his pant. She further stated that she was informed by the prosecutrix herself that the accused- Khursheed had taken her to his room on the pretext of giving her a toffee, but instead, committed rape upon her and when she started raising noise, the accused had put his hand on her mouth.