STATE GNCT DELHI Vs. MOHD FAISAL

JUDGEMENT

(1.) Crl.M.A. No.16104/2017 (Delay)

(2.) Brief facts of the case are that on 10th December 2013, the victim/complainant along with her parents went to the police station and made a written complaint (Ex.PW-6/A) wherein she stated that the respondent had been following her for about 2 weeks. On 7th December 2013 the respondent caught hold of her hands while she was on her way to school and pushed her against the wall and molested her. She raised an alarm which dissuaded the respondent as a result of which she escaped, went back to her house and informed about the said incident to her mother. Due to these circumstances, her mother accompanied her to the school on 9th and 10th December 2013. On her way to school on 9th December 2013, the respondent was standing at the same place where he molested her earlier, but when he saw the mother of the victim, he ran away. On 10th December 2013, on her way to school, her mother was following her at a little distance, the respondent picked her up in his arms and started pressing her chest. She started screaming and shouting and on seeing her mother, the respondent ran away. On the basis of the above complaint, FIR No. 213/13 (Ex.PW-5/A) was registered at PS Haus Qazi for offences punishable under Sections 354B/354D IPC and Sections 8/12 POCSO Act.

(3.) Si Ali Sher went to the spot along with the victim and her parents where he prepared the site plan at her instance vide Ex.PW-6/B. On 11th December 2013, statement of the victim was recorded under Section 164 Cr.P.C. vide Ex.PW-6/C. He collected the birth certificate of the victim which was verified vide Ex.PW-8/B wherein the date of birth of the victim was mentioned as 5th April 1999.