STATE OF HARYANA Vs. VISHAL

JUDGEMENT

(1.) The instant application, seeking grant of leave, is directed against the order of acquittal dtd. 31/7/2019 rendered by learned Additional Sessions Judge, (Exclusive Court for Heinous Crime against Women), Kurukshetra, whereby, the respondent has been acquitted from the charges framed against him, under Ss. 363, 336-A of Indian Penal Code (hereinafter referred to as'IPC'), Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as'POCSO Act') and Sec. 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as'SC/ST Act'), in case FIR No. 190 dtd. 2/6/2018, registered at Police Station Ladwa, District Kurukshetra.

(2.) The present application, seeking leave to appeal, has been filed by the State of Haryana with the averments that the learned trial Court has not appreciated the statement of the prosecutrix (identity of the prosecutrix is withheld in terms of explanation attached to Sec. 33 (7) of POCSO Act) in its right perspective, and, that the statement of the prosecutrix is self sufficient to bring home the guilt of the respondent/accused. It has been further averred that the learned trial Court has not considered the vital aspect of statutory presumption, which existed against the respondent/accused, as prescribed under Ss. 29 and 30 of the POCSO Act, therefore, onus was upon respondent/accused to prove his innocence beyond reasonable doubt. The learned counsel for the State specifically argued that the version of prosecutrix acquires corroboration from medical evidence as well as from statement of PW12, Bala Devi.

(3.) Before examining the legality of the order of acquittal, it is apt to first deal with the factual aspects of the present matter. FACTUAL MATRIX