STATE Vs. MAYANK KARDAM

JUDGEMENT

(1.) Present criminal leave petition has been filed on behalf of the State challenging the judgment and order of acquittal dated 27th April, 2019 passed by Additional Sessions Judge-01 (POCSO), Central Delhi arising out of FIR No.327/2015 registered with Police Station Roop Nagar.

(2.) The Trial Court in the impugned judgment while acquitting the respondent-accused under Sections 376(2)(i) and 376 (2)(n) IPC and Section 6 of the POCSO Act has held as under:-

(3.) Mr. Rajat Katyal, learned APP for State contends that the Trial Court has failed to appreciate that the prosecutrix (PW-3) was aged about 12 years at the time of the first incident. He further states that the Trial Court completely ignored the fact that the testimony of the prosecutrix (PW-3) is consistent, cogent and reliable as she had explained the reasons due to which she had changed her statement recorded under Section 164 Cr.P.C.