STATE Vs. MOHD SHAKIR

JUDGEMENT

(1.) Present leave to appeal has been filed by the State under Sec. 378 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') assailing the judgment dated 05.09.2018 passed by learned Additional Sessions Judge, Rohini District Court, New Delhi in Sessions Case No. 3/2016 arising out of case FIR No. 1239/2015 registered at Police Station Aman Vihar whereby the accused was acquitted of the charge under Sec. 354 A/307 of Indian Penal Code (hereinafter referred to as 'IPC'), Sec. 25 & 27 of Arms Act, 1959 and Sec. 12 of POCSO Act.

(2.) The brief facts of the case, as noticed by the learned Trial Court, which reads as under:

(3.) After completing the investigation, a charge sheet was filed and the accused was charged with offence under Sec. 12 of POCSO Act or in the alternate under Sec. 354A/354B read with 307 of Penal Code and Sec. 25 and 27 of Arms Act, 1959 to which he pleaded not guilty and claimed to be tried.