STATE OF NCT OF DELHI Vs. RAM LAKHAN

JUDGEMENT

(1.) By the present Leave Petition filed under Section 378 (1) of the Code of Criminal Procedure (hereinafter referred as 'Cr.P.C.'), the State seeks leave to appeal against the judgment dated 18.12.2017 passed by the learned Additional Sessions Judge-01/Judge Special Court, POCSO Act, Shahdara District, Karkardooma, Delhi in Case FIR No. 271/2013 under Sections 354A/354/506/341 of the Indian Penal Code (hereinafter referred to as 'IPC') and Section 8 of POCSO Act registered at Police Station - M. S. Park, Delhi whereby the respondent was acquitted of the charged offences.

(2.) The case of the prosecution in a nutshell is that on 23.09.2013, mother of the victim/child came to the police station and made a written complaint against the respondent alleging that the respondent inappropriately touched her daughter. On this complaint, an FIR in the instant matter was registered and the accused was arrested. On completion of the investigation, chargesheet was filed before the concerned Court.

(3.) To bring home the guilt of the respondent, the prosecution examined 07 witnesses in all. Statement of the respondent was recorded under Section 313 of Cr.P.C. by the learned Trial Court wherein he pleaded not guilty, he reiterated his innocence and claimed that he has been falsely implicated by the mother of the victim/prosecutrix to avoid payment of the work got done by her from the accused. The respondent did not lead any witness in his defence.