STATE (NCT OF DELHI) Vs. PANKAJ BANSAL

JUDGEMENT

(1.) Present criminal leave petition has been filed by the State challenging the judgment and order dated 06th August, 2018 passed by the Additional Sessions Judge-01/Special Judge at North, Rohini Courts, New Delhi, whereby the respondent/accused has been acquitted in Session Case No.58435/16 registered with PS Adarsh Nagar in FIR No.401/2015, under Sections 363 as well as 376 IPC and Sections 4 and 6 POCSO Act. The relevant portion of the impugned judgment is reproduced hereinbelow:-

(2.) Mr. Rajat Kaytal, learned APP for the State submits that the Trial Court failed to appreciate that the FSL report had found that male DNA profile generated from the source of the exhibit 1a2 of victim (underwear semen) matched with the male DNA profile generated from the source of exhibit 3 (blood gauze of the accused), which clearly shows that the victim was sexually assaulted by the accused. He emphasises that as the date of birth of the victim is 10th March, 2000, she was a minor on the date of incident and therefore her consent was immaterial.

(3.) It is pertinent to mention that the victim had turned hostile during the trial and the victim had married the accused on 02nd May, 2018.