(1.) The State has preferred the present appeal upon grant of leave to assail the judgment dated 24. 03. 2017 rendered by the learned Additional Sessions Judge-01-cum-Presiding Officer [Special Court designated under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act)], District South-East, New Delhi in Case No. 1806/16, Sessions Case No. 194/2013 arising out of FIR No. 351/2013 registered at Police Station Kalkaji under Sections 377 IPC and Sections 3 & 6 of the POCSO Act.
(2.) By the impugned judgment, the Trial Court has acquitted the respondent accused on the premise that the accused has cast a doubt on the case of the prosecution and raised a possibility of false implication. The Trial Court held that there was a possibility of the deposition of the victim being tutored.
(3.) The case of the prosecution was that on 15. 08. 2013, SI Mitha Lal received DD No. 6PP and reached Ram Dutt Dharmshala, Kalkaji Mandir, New Delhi. There he met the complainant with his son aged 10 years the victim, and the complainant produced the accused Dharmender. The complainant stated that the accused had committed wrong act with his son in the night by taking him in a park. The victim was taken to the hospital for his medical examination, and thereafter, his statement was recorded in the hospital. The victim stated that he studies in 5th class. He with his mother had gone to attend a jagran on the same night. His mother came back to her residence, leaving the victim at the jagran. At about 2. 30 AM, the accused Dharmender who was also in the jagran and who is the son of his bade papa (son of the elder brother of the complainant), gave him a cold drink and took him in the park in front of Kalkaji Mandir. There the accused started removing the pant of the victim. When the victim objected, the accused slapped him and removed his pant as well, and then inserted his private part forcibly in the back of the victim. The accused threatened the victim that if he disclosed anything to anyone, he would be killed. The victim came home and told the incident to his parents.
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