The court's decision was influenced by the interpretation of the statements of the prosecutrix and the lack of support for the specific offenses under the mentioned sections of the IPC and the POCSO Act.

SANJEEV SACHDEVA, J.

Crl. M.A. 19723/2016 (condonation of delay)

Subject petition has been filed along with the application seeking condonation of delay of 215 days in filing the petition. It is contended that initially delay took place on account of obtaining necessary permission for filing the petition and thereafter delay is attributed to the counsel. It is contended that the mother of the counsel was admitted to hospital and as such he could not file the petition within time.

Learned counsel for the respondent submits that in view of the averments in the application he has no objection of the delay being condoned.

In view of the above, the delay in filing the petition is condoned. The application is allowed.

CRL.REV.P. 668/2016

1. Petitioner-State impugns order on charge dated 16.11.2015 whereby the trial court, while framing a charge under Section 506/34 IPC against the respondents, has held that there are no allegations of the offences punishable under Sections 8/12 of the POCSO Act and Sections 354/354-A & B IPC and as such discharged the respondents of the said offences.

2. Learned Addl. PP submits that the trial court has erred in not framing a charge under Sections 354/354-A & B IPC and Sections 8/12 of the POCSO Act against the respondents who had committed the said offences.

3. Learned counsel appearing for the respondents submits that the statements of the prosecutrix recorded under Section 161 Cr. P.C. and Section 164 Cr. P.C. and also the testimony of the prosecutrix before the trial court does not show commission of offence under Sections 8/12 of the POCSO Act or Section 354/354-A & B of the IPC. He submits that even the offences punishable under Section 506/34 IPC are not disclosed from the statement, however, the respondents are facing the trial qua the same.

4. Learned counsel for the respondents submits that there is another FIR on the complaint of the prosecutrix i.e. being FIR No. 1150/2014 under Sections 323/354A/506/509/34 IPC read with Section 8/12 of the POCSO Act at Police Station Khajuri Khas.

5. Statement of the prosecutrix has been recorded before the trial court. The statement recorded at trial is similar to the statement given under Section 161 Cr. P.C. and 164 Cr. P.C.

6. Though statement of the prosecutrix recorded before the trial court, after framing of charge is not to be looked at for the purposes of ascertaining whether charge should have been framed or not. However, since the statements under section 161, 164 CrPC are materially identical to the statement given at trial, reference is being made to her statement given before the trial court.

7. The prosecutrix in her statement before the trial court has stated as under:-

"One day on 28.04.2014 at around at about 07.00 p.m. when I was going to market for purchasing goods for my mother's shop passing through the house of accused Danish and Praveen. Accused persons Danish, Praveen and Tamannah were standing outside the house of accused Danish and Praveen and were talking to each other. When I passed through that place, accused Danish told to Tamannah to come towards me however, accused Tamannah firstly refused for the same and said 'uski mummy meri complaint kardengi". But accused Danish instigated accused Tamannah to come to me and said 'jo hoga hum dekh lenge tu ja'. Thereafter accused Tamannah came to me and pulled me by holding my hand which I started crying. Accused Danish and Praveen started laughing upon me. I said to accused Danish and Praveen as to why they are doing this to me, upon which they replied 'abhi tere sath kiya kya hai, abhi toh tera jina mushkil kardenge, yaha rehna mushkil kardenge'. They further said that 'tune jo complaint karai hai humare bhai Amit ke khilaf wo accha nahi kya, ab tera ghar se nikalna mushkil kardenge'. Accused persons Danish and Praveen also stated that they will harass me to that extent so that I shall leave that area and will start residing somewhere else. Accused persons threatened me. Thereafter I