STATE vs HITESH

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 30.01.2025 CRL.L.P. 10/2022 STATE .....Petitioner Through: Mr. Yudhvir Singh Chauhan, APP with SI Himanshu, PS Jaffarpur Kalan Versus HITESH .....Respondent Through: Mr. Vinay Kumar Sharma, Mr. Prince, Mr. Aaditya, Ms. Ritu Kumari, Advs. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is an application filed by the State seeking leave to appeal challenging the judgment dated 10.02.2020 passed by the learned ASJ- 04 (POCSO), South-West, Dwarka Courts, New Delhi in SC No. 440648/2016 arising out of FIR No. 317/2014 registered at PS Jaffarpur under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”). 2. Vide impugned judgement, the respondent was acquitted under Section 4 of POCSO Act. FACTUAL BACKGROUND 3. The brief facts of the case are that on 10.12.2014 at about 12:25 AM, the father of the prosecutrix registered a complaint regarding the missing of 4. During the course of investigation, the prosecutrix and the respondent were apprehended on 12.12.2014 at Dharuhera and were brought to Delhi. 5. The prosecutrix was medically examined and her statement under Section 1