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2019 Supreme(Del) 304

VIPIN SANGHI, I.S.MEHTA
Chand Bibi – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellants : Mr. Roshan Santhaila, Mr. Chandra Suman Kumar.
For the Respondents: Ms. Kusum Dhalla, Mr. Ibad Mushtaq, Mr. Jawad Tariq.

JUDGMENT :

VIPIN SANGHI, J.

1. The present appeals have been preferred by the complainant- mother of the victim (Crl. Appeal No. 592/2018) and the State (Crl Appeal No. 594/2018) upon grant of leave to assail the judgment dated 04.01.2017 rendered by the learned Additional Sessions Judge-01, (Designated Special Court Under the POCSO Act 2012) South East District, New Delhi in Case No. 1385/16, Sessions Case No. 212/13, arising out of FIR No. 673/2013 registered at Police Station-Govindpuri under Sections 376 IPC and Section 6 of the POCSO Act.

2. By the impugned judgment, the Trial Court has acquitted the Respondent/Accused- Akram, inter-alia, on the premise that the testimony of the prosecutrix was untrustworthy due to many variations, contradictions and inconsistencies. The trial court held that the accused was able to discharge his onus by casting serious doubts on the case of the prosecution and raising doubts about possibility of his false implication.

3. The case of the prosecution is that on 25.09.2013 at 11:13 PM, vide DD. No. 102B, the police received an information on telephone that about 4/5 days back, rape had been committed upon a girl aged 7 years. W/SI Seema (PW-6) reach









































































































































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