Decided on January 05,2021

AJAY KUMAR Respondents


CHANDER BHUSAN BAROWALIA,J. - (1.) The present petition is maintained by the applicant/State under section 378 (3) Cr.P.C. for grant of leave to file an appeal against the judgment, dated 06.07.2019, passed by learned Special Judge, Bilaspur, District Bilaspur, H.P. in Sessions Trial No. 18/7 of 2018, whereby the nonapplicant/accused/respondent (hereinafter referred to as "the accused") was acquitted for the commission of offence punishable under Sections 354, 451 and 506 Indian Penal Code and Section 11 of the POCSO Act, 2012.
(2.) Tersely, the facts of the case, leaving the fiddling details, are summarized as under:- As per the prosecution, on 10.04.2018, a police team was present at village Bhager where, at about 03:00 p.m., Station House Officer received call from Sh. Kishori Lal, UpPradhan, informing that some unknown person was nabbed by local people, who had purportedly committed indecent acts with a minor girl. After receiving the information, Police rushed to the spot. The statement of the victim/prosecutrix (name withheld) was recorded under Section 154 Cr.P.C., wherein she stated that she is a student of +1 Class in a School at Ghumarwin and resides with her grand parents in village Takrehra. She used to go to a local bowri (water spring) near Takrehra School regularly. About three months back, a boy (accused), who is a resident of village Manjher, used to come to that bowri and he attempts to talk to her. Initially, for 3-4 time, she refused to talk to the accused, however, he started following her up to the bowri and they started talking with each other regularly. The accused gave his mobile phone to the victim and threatened her that in case, she refused to accept it, then he will defame her and also do away with her life, so she kept the phone and accused started making calls to her. Thereafter, as per the prosecutrix, during holidays, she came to her parental house and stopped picking up the calls of the accused. On 09.04.2018, around 7:30 p.m., when she was cooking food at her home, accused entered the room and caught hold of her and starting touching her private parts. As per prosecutrix, on this she raised alarm, ran to the lintel of her house and called her mother, who was working in the cow-barn. The accused called her from her own phone and started threatening her with dire consequences. In the interregnum, as per prosecutrix, her mother, uncle and aunt also came there and on seeing them, the accused fled away. The prosecutrix narrated the entire story to her mother, who informed the incident to Up-Pradhan, Sh. Kishori Lal. At about 02:00 p.m., when the prosecutrix, alongwith other family members, was busy in the household work, the accused again came there and caught hold of her. As per prosecutrix, she raised hue and cry, on which, her family members came there and apprehended the accused. The incident was again informed to the Up-Pradhan with a request to lodge a complaint against the accused. The statement of the prosecutrix formed basis for registration of FIR against the accused. Police visited the spot and prepared the spot map. The accused was arrested and during the course of personal search of the accused, two mobile phones were recovered. The prosecutrix and the accused were medically examined. Statement of the prosecutrix was recorded under Section 164 Cr.P.C. Police also procured the records qua the date of birth of the prosecutrix. Statements of the witnesses were recorded and after conclusion of the investigation police presented the challan before the learned Trial Court.
(3.) The learned Trial Court, vide impugned judgment acquitted the accused for the offences alleged against him, on the ground that prosecution has failed to prove its case against the accused beyond all reasonable doubt, hence the present petition seeking leave to file an appeal against the impugned judgment of the learned Trial Court.;

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