STATE Vs. RANJEET

JUDGEMENT

(1.) Present criminal leave petition has been filed on behalf of the State challenging the judgment and order of acquittal dated 09th May, 2019 passed by Additional Sessions Judge (North-West), Special Court (POCSO), Rohini District Courts, Delhi in FIR No.552/2014 registered with Police Station South Rohini.

(2.) The Trial Court in the impugned judgment while acquitting the respondent-accused under Sections 366/506 IPC and Section 6 of POCSO Act has held as under:-

(3.) Mr. Rajat Katyal, learned APP for State states that the Trial Court failed to appreciate that the prosecutrix, in the present case, was aged about fifteen years at the time of the incident and that the Investigating Officer (PW-13) had deposed that the age proof of prosecutrix was taken from the school records [Ex.PW-13/A to Ex.PW-13/C] and as per the said documents, the date of birth of prosecutrix was 07th August, 1999. He further states that the mother of the prosecutrix (PW-11) had deposed that the prosecutrix was aged about fifteen years and she was not cross examined on this point.