MS. A Vs. STATE & ANR.

JUDGEMENT

(1.) As per requirement of law, the name of the prosecutrix is withheld to conceal her identity and she has been referred to as 'Ms. A'.

(2.) Aggrieved by the judgment dated 13th July, 2016 whereby the learned Additional Sessions Judge acquitted the respondent No.2 Taslim for the offences punishable under Section 376(2)(n)/506 IPC and Section 4 of Protection of Children from Sexual Offences Act (in short POCSO Act), the petitioner/prosecutrix has preferred the present leave petition.

(3.) The case of the prosecution is that on 13th July, 2014 at about 4:40 P.M. information was received about quarrel in front of Masjid, Indira Market, Sector-7, R.K.Puram. Aforesaid information was recorded vide DD No. 27A (Ex. PW2/E) and was assigned to ASI Suresh (PW-12). Consequently, he reached the spot, however, no incident of quarrel was seen by him. In the meantime, at about 5:40 P.M. another information was received about the quarrel at the same place which was recorded vide DD No. 30A (Ex. PW2/C) and was also assigned to ASI Suresh (PW-12). He called up the caller and came to know that the prosecutrix had been taken to Police Station. Thereafter, he went to the Police Station and met the prosecutrix and her aunt. In the meanwhile, father of the prosecutrix also reached the Police Station. The matter was handed over to Insp. Saroj Bala (PW-13) who recorded the statement of the prosecutrix vide Ex.PW 6/A. She stated that Taslim stays near her house and about a year ago when she was going to fill water at around 4:00 A.M., Taslim held her and took her to his house. She also stated that he has two houses out of which one was vacant, he took her to the vacant house and tried to have physical relations with her. He threatened her that if she tried to tell about the incident to anyone he would kill her. She was scared and therefore did not inform about the incident to anyone at home. She also stated that 3-4 days later he started making physical relations with her frequently and kept threatening her. On the day of the incident at around 4:00 P.M., when she was returning home from the market and her brother was behind her carrying the packets, on the way Taslim caught hold of her hand and started pulling her. On seeing this, her brother (PW-10) told Taslim to leave her hand consequent to which Taslim started fighting with her brother. She informed her mother and the police was called.