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2018 Supreme(Del) 2962

VIPIN SANGHI, P.S.TEJI
State Govt. of NCT of Delhi – Appellant
Versus
Khursheed – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajesh Mahajan, ASC with Mr. Rajat Katyal, APP with Insp. Ajay Kumar, ASI Tuli Ram, PS Badarpur.
For the Respondents:Ms. Mallika Parmar, Advocate DHCLSC.

JUDGMENT :

VIPIN SANGHI, J.

1. The State has preferred the present appeal upon grant of leave to assail the judgment dated 24.11.2016 rendered by the learned Additional Sessions Judge-01, South East District, New Delhi in Case No. 1808/16, Sessions Case No. 209/13, arising out of FIR No. 369/2013 registered at Police Station- Badarpur under Sections 376 IPC and Section 4 of the POCSO Act.

2. By the impugned judgment, the Trial Court has acquitted the Respondent/Accused- Khursheed, inter alia, on the premise that the testimony of the prosecutrix was untrustworthy due to various improvements, contradictions and inconsistencies in the same. The trial court held that the accused has cast serious doubts on the case of the prosecution and raised a possibility of false implication.

3. The case of the prosecution is that on 15.10.2013 at 6:15 PM, W/SI Krishna vide DD 39A, met with the complainant-Sheela Devi (PW8) and her daughter aged 8 years- prosecutrix (PW1), at PS Badarpur. The complainant stated that she lived with her 2 daughters and 3 sons in a rented accommodation at H. No. 316, A















































































































































































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