Prevention of Children from Sexual Offences Act, 2012 – Section 4, 21 – Indian Penal Code, 1860 – Section 363, 376, 366, 368, 506, 34 – POCSO – Acquittal Valid – Appeal against acquittal – Appreciation of evidence – No legally admissible proof of age of victim – In Statement under section 164 Cr PC he tell her age 17 years. During Cross Examination she tells her age 19 years. Allegation that accused had made relations thrice with her in the DC Park and also stated that there were public persons in the park, but she neither raised any alarm nor any public person noticed it, which is highly unbelievable.
The proseuctrix in her cross-examination has also admitted that the house where she was forcible taken had two main doors and the windows and ventilators equivalent to her height, yet she did not trigger any voice nor stated to have made efforts to escape from there, instead she seems to have willingly continued to live in the house of accused for 27 days. In the present case, the prosecution has failed to bring on record the exact age of the prosecutrix or that the respondent No.1-accused had forcibly made relations with her. Acquittal valid. (Para 11, 12, 13, 17)
DELHI HIGH COURT
2023 STPL(Web) 254 Delhi
2023 DHC 6515 DB
State Vs. Sunil & Ors
CRL.L.P. 680 of 2019-Decided on 11-09-2023
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