CHAND BIBI Vs. STATE & ANR

JUDGEMENT

(1.) The present appeals have been preferred by the complainant- mother of the victim (Crl. A No.592/ 2018) and the State (Crl A No.594/ 2018) upon grant of leave to assail the judgment dated 04.01.2017 rendered by the learned Additional Sessions Judge-01, (Designated Special Court Under the POCSO Act' 2012) South East District, New Delhi in Case No. 1385/16, Sessions Case No.212/13, arising out of FIR No. 673/2013 registered at Police Station- Govindpuri under Sections 376 IPC and Section 6 of the POCSO Act.

(2.) By the impugned judgment, the Trial Court has acquitted the Respondent/ Accused- Akram, inter alia, on the premise that the testimony of the prosecutrix was untrustworthy due to many variations, contradictions and inconsistencies. The trial court held that the accused was able to discharge his onus by casting serious doubts on the case of the prosecution, and raising doubts about possibility of his false implication.

(3.) The case of the prosecution is that on 25.09.2013 at 11:13 PM, vide DD. No. 102B, the police received an information on telephone that about /5 days back, rape had been committed upon a girl aged 7 years. W/ SI Seema (PW-6) reached the address where the complainant- Chand Bibi (PW2) met her and got recorded her statement. In her statement to the police, the complainant alleged committal of rape upon her daughter by the accused. She stated that on 22.09.2013, at about 06:00PM, when she went to the market to buy vegetables, her daughter aged 7 years was playing outside their house and the accused- Akram upon finding the prosecutrix alone, took her to the roof of the building where he used to reside and committed rape upon her. She stated that her daughter did not tell her anything for 3 days, and instead kept weeping and waking up during the nights due to fear of the occurrence which had happened with her.