STATE Vs. KAISHAR ALI

JUDGEMENT

(1.) Present criminal leave petition has been filed on behalf of the State challenging the judgment/order of acquittal dated 22 nd November, 2017 passed by Additional Sessions Judge-01-Cum Special Court (POCSO), South East District, Saket Courts, New Delhi in FIR No. 140/2015 under Sections 376/366/363 IPC and Section 6 of POCSO Act registered with Police Station Defence Colony.

(2.) The Trial Court in the impugned judgment while acquitting respondent-accused held as under:-

(3.) Ms. Aasha Tiwari, learned APP for State stated that the Trial Court failed to appreciate that PW-2 i.e. the father of the prosecutrix had deposed in Court that he had handed over a copy of his daughter's birth certificate to police which was taken into possession and seized by the IO vide memo Ex PW-2/B. She further stated that the father had deposed that as per record, the date of birth of his daughter was 19th January, 1998. She pointed out that this fact had been further corroborated by PW-3-Sh. Kailash Chand Yadav, Asstt. Public Health Inspector, Central Zone, Lajpat Nagar, SDMC, New Delhi who had deposed that as per their records, the date of birth of PW-1 (prosecutrix) was 19th January, 1998 which was entered in their record, on 23rd September, 2009 vide registration no. MCDOLR09279631 as per order dated 12th September, 2009 (Ex PW-3/A) of the Executive Magistrate, Kalkaji, New Delhi.