LASHMI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) It is complainant's appeal against acquittal, inasmuch as in a case arising out of FIR No.203 dtd. 30/6/2017 registered at Police Station A-Division, Amritsar, accused Armaan @ Harry (respondent herein) was tried for committing offences under Sec. 377 IPC and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as 'the POCSO Act'), but was acquitted vide judgment dtd. 13/11/2019 by learned Addl. Sessions Judge/Exclusive Court, Amritsar.

(2.) FIR emanates from a complaint made by 'L' on 30/6/2017 to the police, as per which, one of her sons 'P' (hereinafter referred as 'victim'), aged 11 years was complaining of pain in his abdomen for the last about 2-3 months. She used to take medicine from a Chemist to relieve the pain. However, for the last 2-3 days, her son was feeling pain in his anus. On her insistence on 27/6/2017, the victim told her that accused residing in their neighbourhood used to call him at his house from the last 2-3 months, and used to remove his nicker and insert his penis in his anus. It was further disclosed by the victim son of the complainant that accused used to give him milk and toffees and asked him not to disclose any of this act to his parents. Complainant told that after consulting with her family members, she had approached the police to take action against the accused.

(3.) FIR was registered. Investigation was carried out. Victim child was got medico legally examined from Government Medical College, Amritsar. Sealed parcel of swabs of the victim collected by the doctor were got analysed from Chemical Examiner, Kharar. Accused was arrested on 16/5/2018 and his potency test was got conducted. After completion of all necessary formalities of investigation including recording the statements of victim and other witnesses, final report was submitted in the Court to prosecute the accused.