STATE GOVT OF NCT OF DELHI Vs. SHAUKENDER

JUDGEMENT

(1.) Petitioner - State impugns order on charge dated 13.07.2016 whereby respondent has been discharged of the offences under Section 354 Indian Penal Code (IPC for short) read with Sections 7 & 8 of The Protection of Children from Sexual Offences Act, 2012 (POCSO for short).

(2.) The allegations in the FIR are that the prosecutrix along with her sister had gone to V3S Mall where there was a game zone by the name of Haunted House. In the Haunted House, it was pitch dark and nothing was visible. It is alleged that one person held the foot of the sister of the prosecutrix and in the process pocket of the jacket of her sister was also torn. When the door was opened, the respondent was alleged to be the person who was inside the haunted house and blocking their way.

(3.) The trial court has discharged the respondent of the said offence noticing that the respondent was an employee of Haunted House and was employed for the purposes of scaring people who visited Haunted House.