STATE Vs. JAMSHED KHAN

JUDGEMENT

(1.) Crl. M.A. No. 551/2018 (Exemption)

(2.) Present revision petition has been filed by the State to challenge the legality and correctness of an order dated 10.10.2017 of learned Additional Sessions Judge by which the respondent was discharged in case FIR No. 387/2016 under Sections 354/354(D)/506/509 IPC. Sections 8 and 12 of the POCSO Act were added later on.

(3.) I have heard the learned Additional Public Prosecutor and have examined the file. On perusal of the file, it reveals that the present case was registered on the statement of the complainant on 25.08.2016. In the complaint she leveled certain allegations against the respondent for outraging her modesty. During, investigation, the victim recorded her 164 Cr.P.C. statement on 27.08.2016 before the learned Metropolitan Magistrate. In her 164 Cr.P.C. statement, the victim completely exonerated the respondent; she did not level any allegations, whatsoever, against the respondent. She denied if the respondent had outraged her modesty.