STATE (GNCT OF DELHI) Vs. HARGOVIND

JUDGEMENT

(1.) The State has preferred the present appeal against the judgment dated 15.09.2016 delivered by the learned Additional Sessions Judge -01, North East District, Karkardooma Courts, Delhi in Sessions Case No.44750/2015 titled as State vs. Hargovind, arising out of FIR No.36/2013 registered under Section 363/366/376 IPC and Section 4 of the POCSO Act at Police Station Gokalpuri, Delhi, whereby the accused/respondent was acquitted from the charges leveled against him.

(2.) The facts in brief are that on 201.2013, complainant- PW4 lodged a complaint at Police Station Gokalpuri that his daughter, aged about 13 years, has been kidnapped by someone. On the basis of his complaint, the case was registered under Section 363 of IPC. Subsequently, on 27.02013, the victim was found present at the bus stop, Yamuna Vihar by the complainant and his uncle (phoofa) Prabhu Dayal. The accused Hargovind- "Chacha" of the prosecutrix was also present with her. The intimation in this regard was given to the Police Station and statement of the victim was recorded under Section 161 of Cr.P.C. On the basis of the statement of the victim, penal Section 4 of the POCSO Act was added in the FIR. Subsequently, the statement of victim under Section 164 of Cr.P.C. was recorded in which the allegations of kidnapping and rape were leveled against the accused/respondent and therefore section 366/376 of IPC were also added in the FIR. Investigation was conducted and completed and charge sheet was filed against the accused/respondent Hargovind.

(3.) Charge for the offence punishable under Sections 363/366 IPC and Section 4 of the POCSO Act, and alternate charge under Section 376 IPC was framed against the accused to which he pleaded not guilty.