SHYAM SUNDER Vs. SURENDER

JUDGEMENT

(1.) For the reasons mentioned in the application, it is allowed and 515 days delay in filing the application under Section 378(3) Cr.P.C. for leave to appeal stands condoned.

(2.) This order will dispose of an application filed under Section 378(3) Cr.P.C. for grant of leave to appeal against judgment dated 24.1.2018 passed by learned Additional Sessions Judge, Narnaul, vide which, respondent-accused was acquitted of the charges framed against him under Section 6 of the Protection of Children from Sexual Offences Act 2012 (for short, 'POCSO Act').

(3.) The statement of the prosecutrix was recorded on 28.6.2016 in the presence of Legal Advisor Kavita. Prosecutrix stated that she is studying in Class 12th in Senior Secondary School, Akoda. Her date of birth is 15.03.2000. She had been gossiping with accused Surender @ Bhim for the last 10 days. She once met him at bus stand Dadri on Friday on 24.6.2016, where the accused asked her to meet him again. She told the accused that she would go to Court at Mahendragarh on Monday i.e. on 27.6.2016. On 27.6.2016 at 8.45 AM, she left her house and arrived at bus stand Mahendragarh by a roadways bus. Then she proceeded towards Court and reached Mahendragarh-Narnaul road, a little earlier to the Court time. In the meanwhile, accused Surender @ Bhim met her in black colour vehicle, driven by a driver and told her that he would get her leg operated as she is disable by right leg. Prosecutrix voluntarily sat in the vehicle. Accused kept roaming till evening in the vehicle and thereafter took her to unknown Kothi, where the driver of the vehicle left the place and accused committed rape on her. On 28.6.2016, accused Surender @ Bhim dropped her at bus stand Bhiwani and got her bus ticket and gave her Rs.100/- and told that if her parents do not accept her, she can come to him with her all documents. On reaching Rohtak, she made a phone call to her brother Amit from a STD booth, on which, her father along with police party reached there and took her to Mahendragarh.