The central legal point established in the judgment is the requirement for corroborating evidence, the presumption of innocence, and the burden of proof on the prosecution, emphasizing the need for efficient and thorough investigations.

Sangita Dhingra Sehgal, J.

The present leave petition has been filed by the State under Section 378(4) of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") against the impugned judgment dated15.05.2018 passed by learned Additional Sessions Judge01, New Delhi District, Patiala House Courts, New Delhi in Sessions Case No. 9210/2016 arising out of case FIR No. 585/2015 under Sections 377/342 of the Indian Penal Code (hereinafter referred to as 'IPC') and under Sections 4/8 of Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as 'POCSO Act') whereas, the charges were later modified to section 6/10 of the POCSO Act registered at Police Station - South Campus, New Delhi, whereby the respondent was acquitted of the offences punishable under Sections 377/342 of IPC and under sections 6/10of POCSO Act.

2. The brief facts of the case, as observed by the learned Trial Court are reproduced as under:-

"In the night of 08.10.2015, the complainant/mother of the victim/PW1 came to the police station along with her husband and the victim child. SI Pratap Singh/PW7 recorded the statement of the complainant/Ex.PW1/A. Along with Ct. Basram/PW4, the IO took them to Safdurjung hospital for medical examination of the victim where MLC/Ex.P-3 (admitted by the accused in proceedings under Section 294 Cr.P.C) was prepared. The exhibits and samples taken by the doctor were taken into possession by the IO/SI Pratap Singh/PW 7 along with the sample seal vide memo/Ex.PW4/A. The IO also took into possession the blood sample of the victim vide seizure memo/Ex.PW7/X. The IO endorsed the statement of the complainant vide Ex.PW7/A and prepared the rukka which was handed over to Ct. Basram for getting the FIR/Ex.P-1 (there are to Ex.P-1, the FIR is the second exhibit marked as Ex.P-1; admitted by the accused in proceedings under Section 294 Cr.P.C) registered. The Duty Officer also issued the certificate under Section 65B Indian Evidence Act/Ex.P-2 (admitted by the accused in proceedings under Section 294 Cr.P.C). Ct. Basram took the FIR to the spot where the IO had reached along with the complainant party. The IO prepared the site plan/Ex.PW7/B, which is stated to have been video graphed.

The IO along with the victim and his parents then went to the residence of the accused from where the accused was apprehended and interrogated. He was arrested vide memo Ex.PW4/B and searched vide memo/Ex.PW/C. The accused is stated to have been taken them back to school to the place of incident i.e. a room in the school and a pointing out memo/Ex.PW4/D was prepared. The IO took the accused to AIIMs for his medical examination and potency test along with Ct. Surajveer Singh/PW6. The accused was medically examined and his MLC/Ex.P-4 (admitted by the accused in proceedings under Section 294 Cr.P.C) was taken. The report of the Potency Test/Ex.PW7/Y was also collected. The samples collected by the doctor were taken into possession by the IO vide memo/Ex.PW6/A.

The victim was counseled and the Counselor gave her report/Ex.P-5 (admitted by the accused in proceedings under Section 294 Cr.P.C). The mother of the victim produced an underwear of the victim which was stated to have been worn by him at the time of the incident. The victim had also identified the bus parked at the school in which the accused was working as the Conductor. IO moved an application/Ex.PW7/D for getting the statement of the victim recorded under Section 164 Cr.P.C. The said statement/Ex.PW2/A was recorded by the Ld. MM vide proceedings/Ex.P-6 (admitted by the accused in proceedings under Section 294 Cr.P.C). A copy of the same was provided to the IO on his application/Ex.PW7/E. The IO had visited the school again and had inquired from the Principal, class teacher of the victim and another teacher. He had also made inquiries from the driver of the bus. He collected the age documents i.e., the attested copies of the admission form/PW3/A, birth certificate/Ex.PW