STATE OF U.P. Vs. SALEEM JHANJHI

JUDGEMENT

(1.) Challenge in the present acquittal appeal is to the judgment and order dated 23.01.2019 passed by Special Judge (POCSO Act) / 8th Additional Sessions Judge, Saharanpur in Special Trial No. 14 of 2016 (State of U.P. vs. Saleem Jhanjhi), acquitting the respondent of the offence under Sections 377 and 506 of IPC read with Section ? of Protection of Children From Sexual Offences Act, 2012.

(2.) Brief facts of the case are that on 17.3.2015, FIR Ex. Ka-11 was lodged by informant, Mohd. Salman, alleging in it that on 16.03.2015, in the evening, his younger brother Sufiyan, PW-3, aged 11 years and one Aamir, PW-4 son of Aleem, aged 11 years, were taken by the accused-respondent on the promise of showing them a film and then the respondent took them near the canal and committed bad act with them. Based on the FIR, offence under Sections 377 , 506 of IPC, read with Section ? of POCSO Act were registered against the accused-respondent. The victims were medically examined and external injuries on the face of Sufiyan have been found but both the victims have refused for their internal medical examination and, therefore, there is no report on record as to whether the victims were subjected to unnatural sex or not. Two glass slides of peri anal region of the victims were prepared but in the FSL report no spermatozoa has been found.

(3.) While framing charge, the trial Judge framed charge against the accused person under Sections 377 , 506 of IPC and Section 4 of POCSO Act, 2012.