JUDGMENT :

Manmohan, J.

Present criminal leave petition has been filed on behalf of the State challenging the judgment/order of acquittal dated 22nd November, 2017 passed by Additional Sessions Judge-01-Cum Special Court (POCSO), South East District, Saket Courts, New Delhi in FIR No. 140/2015 under Sections 376/366/363 IPC and Section 6 of POCSO Act registered with Police Station Defence Colony.

2. The Trial Court in the impugned judgment while acquitting respondent-accused held as under:-

"16. In the present case the complaint was filed by father of prosecutrix mentioning the age of prosecutrix/victim to be about 17 years. However, during his testimony as PW-2 father of the victim deposed that he does not remember the date and time of her birth and that he had got his daughter admitted in Lavela Public School, Tuglakabad in Nursery class when she was 2/3 years old. The prosecution has examined PW-3, Shri Kailash Chand Yadav, Asstt. Public Health Inspector, Central Zone, Lajpat Nagar to prove the age of the prosecutrix and as per said witness, date of birth in their record of the prosecutrix 'K' is 19.01.1998. No witness from the school of the prosecutrix has been cited as a witness n