STATE (GNCT OF DELHI) Vs. MR X

JUDGEMENT

(1.) Subject petition has been filed with a delay of 8 days. It is contended that the matter had to be considered for elucidating opinion on filing of the appeal by the Addl. Public Prosecutor, Chief Prosecutor, Director of Prosecution (DOP), Principal Secretary (Law and Justice) and upto the Law Minister on account of which delay of 8 days occurred in filing the present revision petition.

(2.) The prosecutrix is the daughter of the accused. As per the FIR the accused is blind and is living separately from his wife. The prosecutrix in her statement submits that she has no memory as to when the sexual assaults started. She was born on 27.03.1998 and her father was the caretaker of her and her brother. There are several instances narrated by her starting from the period 2004-2005 till 2011 when he is alleged to have sexually assaulted her.

(3.) The Trial Court by the impugned order has discharged the accused primarily inter-alia holding as under:-