STATE Vs. AJAY

JUDGEMENT

(1.) Present petition has been filed under Section 378(3) Cr. P.C. for grant of leave to appeal against the judgment dated 26th November, 2018 passed by learned Additional Sessions Judge-06, West, Tis Hazari Courts, Delhi in FIR No. 40/2013 registered with Police Station Nagloi under Sections 342/377/511 IPC & Section 4/18 POSCO Act.

(2.) The allegation against the accused is that in the intervening night of 1 st and 2nd February, 2013, Master V., a minor boy aged about 12 years was wrongly confined by the accused and was sexually abused. The complainant made allegation of both oral and carnal sex against the accused.

(3.) Learned additional public prosecutor appearing for the petitionerState submits that the trial court has erroneously acquitted the accused on account of some minor discrepancies in the statement of complainant/victim and the prosecution witnesses. He submits that the trial court failed to appreciate that there were no major variations in the testimonies of the complainant which could be fatal to the case of the prosecution.