STATE, GOVT OF NCT OF DELHI Vs. TUFAIL

JUDGEMENT

(1.) Present criminal leave petition has been filed under Section 378(1) Cr.P.C. by the State, against the judgment and order dated 14th January, 2019 passed by Additional Sessions Judge-01, (North-West), Special Court (POCSO), Rohini Courts, in Sessions Case No.25/2016 arising out of FIR No.1020/2015 registered with Police Station Subhash Place under Sections 363/354/376 IPC and Section 4 POCSO Act whereby the learned trial Court convicted the accused under Sections 363 and 506 IPC, but acquitted him under Section 6 POCSO Act.

(2.) Ms. Aashaa Tiwari, learned APP for State submits that the trial Court failed to appreciate that the testimony of the victim is sufficient for conviction of an accused and even if there are some minor contradictions, they cannot be the reason for acquittal of the accused as the victim is a minor and evidence was recorded after more than one year.

(3.) She emphasises that the victim had identified the accused and it was observed by the Court that after identification of the accused, the face of the victim turned white and she had put her face down.