STATE (GNCT OF DELHI) Vs. VIPIN ALIAS LALLA

JUDGEMENT

(1.) By this petition under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter as ' Cr.P.C '), the State seeks leave to appeal against the judgment dated 28.03.2018 passed by the learned Special Court (POCSO ACT), ASJ-01, North East District, Karkardooma Courts Delhi in Session Case No. 44631/2015 in FIR No. 889/2014 registered at Police Station, New Usmanpur whereby the respondent Vipin @ Lalla was acquitted of the charges registered under Sections 363 / 366 / 342 / 376 / 506 of the Indian Penal Code, 1860 (hereinafter as ' IPC ') and in the alternative under Section 4 of the POCSO Act.

(2.) Brief facts of the case as noted by the learned Trial Court are as under:

(3.) After investigation was over, charge-sheet against the accused was filed before the Court for the offences punishable under Sections 363 / 376 / 342 / 506 of the IPC and under Section 4 of the POCSO Act and charges were framed against the respondent under Sections 363 / 366 / 376 / 342 / 506 IPC and under Section 4 of the POCSO Act. To substantiate its accusation, prosecution examined 11 witnesses in all to prove its case. Statement of accused under Section 313 of Cr.P.C was recorded wherein he reiterated his innocence and examined one witness in his defence.