STATE Vs. ANIL

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks directions thereby setting aside the impugned order dated 01.05.2019 passed by the learned Addl. Session Judge-01, SP. Court (POCSO), North- West, Rohini, Delhi in FIR No.61/2019 for the offences punishable under sections 354A IPC and Section 12 of the POCSO Act, registered at P.S. Bharat Nagar to the extent discharging the respondent for the offence punishable under Section 12 of the POCSO Act and directions may be given for framing of charges under the aforesaid sections.

(2.) The brief facts of the case are that on 11.02.2019 after receipt of information about DD No.27A, police reached the place where the respondent was produced and on inquiry, it came to the knowledge of police that the respondent had asked three minor girls to come to his room after offering them money. The mother of the victim got her statement recorded to the effect that on 11.02.2019 at about 2.00 p.m., when she returned from the place of work, her daughter i.e. the victimminor girl aged around 6 years, came to her and told her that yesterday when she was playing near railway line along with her friends, the Respondent came there and rubbed his hand over her face and asked her do rupees doonga, mere ghar chal, panch minute ki baat hai. She further stated that the respondent had also given the same offer to her friends as well but none of them had gone to the house of the respondent.

(3.) In view of the above, complaint by the mother of the victim was lodged on 11.02.2019 and the aforesaid case was registered against the respondent. Thereafter, statements of all the victims were recorded under Section 164 Cr.P.C. on 12.02.2019. Statements of other witnesses were recorded and after completion of investigation, charge sheet was filed against the accused-respondent for the commission of offences, as mentioned above. Learned ASJ, vide order dated 01.05.2019, discharged the respondent of the offence punishable under Section 12 of the POCSO Act.