LAWS(DLH)-2019-7-416

STATE Vs. BALRAM

Decided On July 29, 2019
STATE Appellant
V/S
BALRAM Respondents

JUDGEMENT

(1.) The present leave petition is instituted on behalf of the State under Section 378(1) of the Code of Criminal Procedure, 1973, (hereinafter referred as "Cr.P.C.") against the impugned judgment dated 08.05.2019 passed by the learned Additional Sessions Judge, Special Court (POCSO), Rohini Courts, Delhi, in SC No.57/2015 arising out of FIR No.186/2015, under sections 363/376(2)(n)/506 of the Indian Penal Code, 1860 (hereinafter referred as "IPC") and Section 6 of POCSO ACT registered at Police Station Sultanpuri whereby the respondent has been acquitted for the offences punishable under Sections 363/376(2)(n)/506 IPC.

(2.) Brief facts of the case, as noticed by the Learned Trial Court, are as under: -

(3.) Prosecution to prove its case, has examined as many as 14 witnesses and two court witnesses. Statement of the accused was recorded under Section 313 of Cr.P.C, wherein he had stated that he has been falsely implicated in the present case by the victim at the instance of her parents in order to avoid payment of friendly loan and no such incident had happened. Accused did not examine any witness in his defence.