STATE OF RAJASTHAN Vs. SUNIL KUMAR

JUDGEMENT

(1.) Instant criminal leave to appeal has been filed by the appellant-State under Sec. 378 of Cr.P.C. against the acquittal of the accused-respondent from offence under Ss. 363, 366, 376(1) of IPC and Sec. 3/4 of POCSO Act, 2012 vide judgment dtd. 14/11/2022 passed by learned, Sessions Judge, Special Court, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005 No. 1, Sriganganagar, in Sessions Case No. 82/2021 (CIS Sessions Case No. 86/2021).

(2.) Brief facts of the case are that on 2/7/2021, mother of prosecutrix filed a written report at concerned Police Station to the effect that her daughter (Prosecutrix) aged about 13 years was forcibly detained by the accused- respondent Sunil Kumar and he committed rape with her. On the said report, Police registered a case against the accused-respondent and started investigation.

(3.) During the course of trial, prosecutrix has been examined before the Trial Court as PW-1 and her mother has been examined before the Trial Court as PW- 2 and both turned hostile and did not supported the prosecution story. Thus, the further proceedings for recording statements of other witnesses were closed. Thereafter, statement of accused respondent was recorded under Sec. 313 Cr.P.C.