The central legal point established in the judgment is the importance of protecting child victims from sexual offences and the proper interpretation and application of the provisions of the POCSO Act.

INDERMEET KAUR, J.

CRL.L.P. 469/2014 Leave is granted to the State. The Registry is directed to register the appeal. Petition disposed of. Crl Appeal No………/2015 (to be numbered)

1. The State has filed the present appeal impugning the judgment dated 22.05.2014 vide which the respondent Laxmi Kant Tiwari had been acquitted. He had been charge sheeted under Sections 8 and 12 of the Protection from Sexual Offences Act, 2012 (hereinafter referred to as the said Act) but the learned Sessions Judge was of the view that there are inherent contradictions in the versions of the witnesses and accordingly granting him the benefit of doubt, he had been acquitted.

2. This judgment has been assailed before this Court.

3. Learned Public Prosecutor submits that the discrepancies as noted in the versions of Anil Kant Gupta (PW-3) and the victim “C” (PW-4) are not made out; these inconsistencies were minor and would not make out a case of acquittal. There was also no reason for the false implication of the accused. Testimonies of Prem Lata (PW-1) and Lalit (PW-2) have also been ignored illegally by the trial Judge.

4. Learned counsel for the respondent has filed a reply and addressed his submissions. His submission is that the impugned judgment in no manner suffers from any infirmity. It is pointed out that this is a clear case where the accused has been falsely roped because of an incident which had occurred 4-5 days ago where the cycle of PW-4 got damaged and to satisfy his ego, PW-4 has planted this false case upon the respondent which is only at the behest of his father.

5. Arguments have been heard and Record has been perused.

6. The first version of the prosecution was recorded in DD no. 29-A (Ex. PW-10/A); information had been received in the local police station Pahar Ganj on 22.05.2013 at about 7.20 pm to the effect that one Pandit Ji was doing “galat kaam” with the children at 4889, Laddo Ghati Chowk. SI Vishnu Dutt (PW-10) along with constable Bhupender (PW-9) reached at the spot. On the statement made by the complainant (PW-4) (Ex. PW-4/B) the investigation was set into motion. PW-4 in his complaint had stated that a Pandit Ji known to him had asked him questions relating to his puberty and made inquiry from him and stated that your moustaches were growing and asked him whether hair was also growing on his private part or whether any white liquid comes out. Again after two days the Pandit Ji touched his penis by his hand and asked him (PW-4) to suck it. PW-4 managed to run away. Further allegation is that on 22.05.2013 at about 7.00 pm when the victim/PW-3 was standing outside his house, the same person passed indecent gestures and stated aaja lele and pointed out towards his penis. PW-4 informed his father. Accused was accordingly apprehended. Meanwhile, one lady Prem Lata (PW-1) also came there and made a complaint against the same accused alleging a similar nature of sexual assault by the accused upon her son. Her son Lalit (PW-2) also reached the spot and on inquiry he got his statement recorded which was also to the same effect as the allegations contained in the complaint made by PW-4 (PW-4/B). The pointing out place of occurrence memo Ex PW-9/B was prepared. The statement of the father of PW-4 (PW-3) was also recorded. In the course of investigation, birth certificates of PW-4 and PW-2 were obtained and it was found that they were both minors. PW-2 was aged around 15 years and PW-4 was aged around 13 years. Challan was filed under Sections 8 and 12 of the POCSO Act.

7. In the statement of the accused recorded under Section 313 o0f the Cr.P.C., the version of the respondent was that he is innocent and this is a false case which has been registered against him. DW-1 SI Prem Singh was examined in defence; he had brought the record from the PCR wherein on 22.05.2013 (the date of incident) at 7.18 pm it was recorded that kuan wala mandir, ladoo ghati pahar ganj, mere bhai ke sath maar peet kar rahe hain; pandit ji ko publ