STATE (N.C.T OF DELHI) vs GAURAV GOSWAMI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.08.2025 + CRL.A. 207/2020 STATE (N.C.T OF DELHI) .....Appellant Through: Mr. Pradeep Gahalot, APP for State. versus GAURAV GOSWAMI .....Respondent Through: Ms. Shradha Karol, Advocate (Through V.C.). CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of the present appeal, the State has assailed the judgment dated 06.06.2015 and the order on sentence of even date passed by the learned ASJ-01, North-East District, Karkardooma Courts, Delhi in SC No. 51/2014, arising out of FIR No. 554/2014 registered under Sections 354/354-A/354-B IPC and Section 10 of the POCSO Act at P.S. Bhajanpura. Vide the impugned judgment, the respondent/accused was acquitted of all charges. 2. The case of the prosecution, briefly put, is that on the intervening night of 01.05.2014, the accused, father of the prosecutrix aged about 11 years, allegedly offered her Rs.10 to sleep with him, touched her chest, and asked her not to disclose the same to her mother. The prosecutrix thereafter Signature Not Verified Digitally Signed CRL.A. 207/2020 Page 1 of 7 By:GAUTAM ASWAL approached her mother (PW-6), who lodged the complaint. On this basis, FIR No. 554/2014 was registered on 02.05.2014. The prosecutrix’s statements were recorded under Sections 161 and 164 Cr.P.C., and her age was verified through school records proved by PW-4, the Principal of E* Girls School. A chargesheet was filed under Sections 354/354-A/354-B IPC and Section 10 of the POCSO Act. 3. At trial, the prosecution examined 10 witnesses. The prosecutrix was examined as PW-2. Her mother was examined as PW-6. PW-4, the school principal, proved the date of birth. PW-7, Dr. Keya Vaid, proved the MLC. The rest were formal witnesses who deposed as to various a