STATE (NCT OF DELHI) Vs. OM PRAKASH@FUFAJI

JUDGEMENT

(1.) By the present Leave Petition filed under Section 378 (1) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') the State seeks leave to appeal against the judgment dated 21.08.2018 passed by the learned Additional Sessions Judge-01, Special Court (POCSO) North West District, Rohini Court, New Delhi, whereby the respondent (accused before the Trial Court) was acquitted of the charges punishable under Sections 363/376/506/511 of the Indian Penal Code (hereinafter referred to as 'IPC') and Sections 8/10/12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO').

(2.) The brief facts of the case, as mentioned by the learned Trial Court are reproduced as under:

(3.) In order to bring home the guilt of the accused person, the prosecution examined 10 witnesses in all. The incriminating evidence and circumstances were put to the accused person under Section 313 of Code of Criminal Procedure wherein he pleaded to have been falsely implicated in the present case and examined three witnesses in his defence.