The need for the victim's testimony to be of sterling quality and inspiring confidence for conviction.

G.S.SISTANI, J.

CRL. M. A. 8149/2017

1. This is an application seeking condonation of 79 days delay in filing the present leave to appeal. The grounds for the delay are set out in paras 2 to 4 of this application. Counsel for the applicant submits that the delay is not on account of inaction or negligence, but for the reasons so explained.

2. This application is vehemently opposed by the counsel for the respondent. She submits that the application lacks material particulars; it is stereo-typed and does not specifically explain the delay in filing the leave petition.

3. We have heard the learned counsel for the parties. We find that the grounds set out in this application are stereo-typed and do not raise any sufficient grounds to condone the delay. However, since we have heard the matter on merits as well, we condone the delay.

4. The application stands disposed of.

CRL.L.P. 294/2017

5. The present leave to appeal has been filed by the State under Section 378 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) against the impugned judgment dated 24.11.2016 passed in Sessions Case No. 44980/2015 arising out of the FIR No. 1363/2014 registered at Police Station Khajuri Khas under Section 376 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Section 6 of POCSO Act, by virtue of which the respondent has been acquitted.

6. The case of the prosecution as noticed by the Trial Court is that on 11.12.2014, the complainant Smt. Anita went to the Police Station Khajuri Khas and lodged a complaint that she was residing with her family at House No. 29, Gali No.3, Bihari Pur Extension, Delhi. Approximately one month prior to the incident, she had started the tuition of her daughter, the victim, a minor girl aged about 07 years with Prakash Chandra Pandey (respondent herein), residing in her street. On 11.12.2014, the victim told her that on 29.11.2014, at about 5:30 P.M., she had gone for her tuition and at about 5:45 P.M., she had gone for urination after taking permission from her tutor Prakash. The respondent inserted his finger into her urinating organ and threatened that if she disclosed his acts to anyone, he would punish the victim. On the basis of the complaint, a case was registered for the offences punishable under Sections 376 IPC and Section 6 of the POCSO Act. Thereafter, the victim was produced before the learned Metropolitan Magistrate, Karkardooma Courts where her statement under Section 164 of Cr.P.C. was recorded. The victim was medically examined by the Doctor. The respondent was arrested and was medically examined. After completion of investigation, chargesheet was filed against the respondent for the offences punishable under Section 376 of IPC and Section 6 of POCSO Act. On 18.02.2015, a charge against the respondent was framed for the said offences, to which he pleaded not guilty and claimed to be tried.

7. To bring home the guilt of the respondent, the prosecution examined as many as 9 witnesses. The statement of the respondent was recorded under Section 313 of Cr.P.C whereby he stated that he was falsely implicated in the present case. The mother of the victim had to pay tuition fees for the last four months from the date of incident and her husband came to his house and met his mother Lakshmi and had some altercations with her, whereupon he threatened her with dire consequences. The present false case was registered by the father of the victim. As to the time of the incident, the respondent categorically stated that the tuition timings of the victim were between 3-4 pm. The respondent examined 2 witnesses in his defence.

8. Ms. Radhika Kolluru, learned counsel for the State submits that the impugned judgment of the learned Trial Court suffers from surmises and is perverse. The learned Trial Court has fallen in error and not appreciated the testimony of the child victim, which has been consistent. The child has described the incident in her statement under Section 161 and