STATE vs SACHIN

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:07.03.2025 + CRL.L.P. 602/2019 STATE .....Petitioner versus SACHIN ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr. Utkarsh, APP for the State SI Deepak Kumar, PS- Jh.Puri For the Respondent : Ms. Sunita Arora (DHCLSC), Adv. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed under Section 378 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking leave to challenge the judgment dated 07.09.2019 (hereafter ‘the impugned judgment’), in Sessions Case No. 57862/2016 arising out of FIR No. 237/2013, registered at Police Station Jahangir Puri, whereby the learned Trial Court had acquitted the respondent of the offences under Section 354B of the Indian Penal Code, 1860 (‘IPC’) and Section 10 of the Signature Not Verified Signed By:HARMINDER KAUR CRL.L.P. 602/2019 Page 1 of 14 Signing Date:17.03.2025 16:19:49 Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’). 2. The brief facts of the present case are that on the intervening night of 14.07.2013 and 15.07.2013, when the complainant (victim’s mother) along with her family members was sleeping on the terrace of her house, she woke up suddenly around 3 AM. It is alleged that the complainant allegedly saw that the respondent was removing the pajami of her daughter ‘L’, who was 10 years old at that time, and that he had also unzipped his pant. It is alleged that the complainant caught hold of the respondent and raised an alarm, due to which, her family members woke up and a call was made to the police. 3. Thereafter, FIR No. 237/2013 was registered at Police Station Jahangir Puri for offence under Section 354 of the IPC. Chargesheet was filed against the respondent for offences under Section 3