STATE Vs. MOHD AFZAL

JUDGEMENT

(1.) By this petition the petitioner seeks leave to appeal against the judgment dated 22nd April, 2017 acquitting respondent for offences punishable under Sections 354/354B/341/506 IPC and Section 12 of the Protection of Children from Sexual Offences Act registered at PS Nabi Karim, Delhi.

(2.) The allegations of the complainant in the FIR were that the petitioner who was residing in the vicinity used to stalk her and on 17th May, 2014 at about 7.00 PM when she was coming back after taking tuition she was accosted by the respondent who was standing near kuda khatta, Prem Nagar with a bottle of Limca and when she asked him about his following her, the respondent affirmed the fact and stated that he had been doing it for the last four months. When the victim reached the gali, appellant surfaced again, stopped her and poured limca on her face. The victim informed her mother who in turn informed the police. Information of this alleged incident of 17th May, 2014 at about 7.00 PM was given by the complainant's mother on 31st May, 2014 and recorded as DD No. 33A exhibited vide Ex.PW-4/D on the basis of which FIR was registered.

(3.) However, before the complaint was given by the mother of the victim on 31st May, 2014 the respondent had lodged a complaint on 20th May, 2014 at PS Nabi Karim but with regard to incident of 19th May, 2014 which was entered vide DD No. 37B dated 20th May, 2014 and exhibited as Ex.DW-1/A. In the said complaint the respondent clearly stated that he had been extended threats by the complainant and her family members to involve him in FIR of "chhed chhad".