STATE (NCT OF DELHI) Vs. PINTO @ MINTU

JUDGEMENT

(1.) By this petition the petitioner seeks leave to appeal against the judgment dated 28th May, 2016 whereby the respondent has been acquitted for offence punishable under Sections 354/324/308 IPC and Section 10 of the Protection of Children from Sexual Offences Act (in short POCSO Act).

(2.) In the above-noted FIR the complainant alleged that on 18th September, 2014 at about 5 - 6 PM when she was present at her house doing household work, her daughter aged 12 years called her and stated that the respondent had hit her on the head with a brick. She was found bleeding from her ear and head. Victim also told her mother that the respondent pulled her by his hand and when she raised alarm he closed her mouth with his hand and ran away to the stairs, picked up a brick and hit her on head.

(3.) The learned Trial Court noted that in the MLC of the victim at GTB hospital alleged history was mentioned as injury due to fall from the staircase resulting in unconsciousness. As in the CT Scan fracture on the skull was found, after investigation charge-sheet was filed against the respondent for offences punishable under Section 354/308 IPC and Section 8 of the POCSO Act. The learned Trial Court noted that the contents of the complaint given by the complainant PW5 vide Ex.PW-5/A were in material contradiction to her deposition in Court wherein she deposed that on 18th day of the month at about 5.00 PM while she was doing her work, the landlord made a call to her husband who in turn called her. She returned back home and found the victim lying unconscious on the stairs.