STATE vs SONU

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 29th January, 2025 + CRL.L.P. 29/2021 STATE .....Petitioner Through: Ms. Meenakshi Dahiya, Additional Public Prosecutor for Respondent- State Versus SONU S/O Lal Singh R/o H.No.F-212, Shahbad Dairy, Delhi .....Respondent Through: Mr. Harshit Jain, Advocate on the panel of DHCLSA CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The present Leave Petition under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed by Appellant-State seeking leave to Appeal against the Judgment dated 04.03.2020, vide which the Respondent/Accused-Sonu has been acquitted of the offences under Sections 457/354 of Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and Section 8 of the Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO”) in FIR No. 669/2013, registered at Police Station Shahbad Dairy, Delhi. Signature Not Verified CRL.L.P. 29/2021 Page 1 of 7 Digitally Signed By:VIKAS ARORA Signing Date:07.02.2025 18:25:30 2. The main ground of challenge is that the impugned Judgment is premised on conjectures and surmises. There is cogent evidence on record by way of deposition of the Prosecutrix (PW-1) and her parents (PW-2 & PW-3) to prove the Charge beyond reasonable doubt. However, their evidence has not been appreciated in correct perspective and has been ignored. Furthermore, PW-4, Shri Mukesh Kumar, an official from Sub-Registrar‟s office, has proved the age of the Victim as 11 years 09 months and 4 days on the date of the offence. 3. The main ground on which the accused has been acquitted is that no evidence was collected by the Prosecution about the bolt of the jhuggi having been broken. However,