STATE (GNCT OF DELHI) Vs. HARGOVIND

JUDGEMENT

(1.) Present appeal has been filed by the State challenging the order of acquittal dated 15.09.2016 passed by the Additional Sessions Judge, North East District, Karkardooma Courts, Delhi, in FIR No.36/2013 registered with Police Station Gokulpuri, under Sections 363/366/376 IPC and Section 4 of the POCSO Act.

(2.) The Trial Court in its impugned judgment has given benefit of doubt to the respondent/accused and acquitted the respondent of the offences under Sections 363/366/379 and Section 4 of the POCSO Act. Relevant portion of the impugned judgment dated 15.09.2016 is reproduced below: -

(3.) Learned Predecessor of this Court vide a detailed judgment dated 02.07.2018, directed the recording of additional evidence under Section 311 Cr.P.C. by the Trial Court on the aspect of age of the prosecutrix during the relevant period i.e. 22.01.2013 and 27.02.2013. Relevant portion of the order dated 02.07.2018 passed the Division Bench, is reproduced below: -