STATE OF HIMACHAL PRADESH Vs. DESH RAJ

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant/State (hereinafter referred to as "the appellant") laying challenge to judgment, dated 21.09.2015, passed by learned Special Judge, Hamirpur, District Hamirpur, H.P., in Sessions Trial No. 11 of 2014, whereby the accused/respondent (hereinafter referred to as "the accused") was acquitted for the offence punishable under Section 8 of The Protection of Children From Sexual Offences Act, 2012 read with Section 354(1) Indian Penal Code and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The brief facts of the case, as per the prosecution, can tersely be described as under:

(3.) The prosecution, in order to prove its case, examined as many as fourteen witnesses. Statement of the accused was recorded under Section 313 Cr.P.C., wherein he denied the prosecution case and claimed innocence, however, the accused did not examine any defence witness. He pleaded that the victim had stolen a biscuit packet from his shop and he did not report the matter to the police.