STATE vs ASHOK KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 14th July, 2025 Pronounced on: 23rd July, 2025 + CRL.A. 1003/2025 THE STATE Through Secretary GNCT of Delhi .....Petitioner Through: Mr. Yudhvir Singh Chauhan, APP for the State with SI Pinki, PS Sultan Puri. versus ASHOK S/o Sh. Nanak Chand, R/o H.No. C-4/456, Sultan Purl, Delhi .....Respondent Through: None. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Appeal under Section 378 (1) Cr.P.C. has been filed to challenge the Order of acquittal dated 20.08.2016 passed by the Learned Additional Sessions Judge in FIR No.1180/2015 under Section 354 Indian Penal Code, 1860 and Section 10 Protection of Children from Sexual Offences Act, 2012(POCSO Act). 2. The brief facts are that on 09.12.2015, information was received about assault of a nine years old girl by her neighbour. An inquiry was initiated during which SI Pramod Kumar along with Ct. Vinay went to the house of the prosecutrix where he met the child with her Aunt (Ms.V). It Signature Not Verified Signed By:RITA CRL.A. 1003/2025 Page 1 of 10 SHARMA Signing Date:23.07.2025 20:56:53 was found that the alleged accused was in the house which was in the neighbourhood and was in a drunken condition. The IO along with the prosecutrix and her Aunt went to the house of the accused where they met him and he was recognized by the prosecutrix. 3. The statement of the prosecutrix was recorded wherein she stated that on that day at about 7:00 pm she was going to a shop for making some purchases when one person caught hold of her hand and took her to a dark corner in the Park where he did “Cherkhani” with her. That man was under the influence of alcohol. The child raised an alarm on which the man ran away. She came back home and info