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2020 Supreme(Del) 243
IN THE HIGH COURT OF DELHI AT NEW DELHI
SIDDHARTH MRIDUL, I.S.MEHTA, JJ.
STATE (Govt. of NCT of Delhi) - Appellant
Versus
Arif - Respondent
CRL.A. 1044 of 2019
Decided On : 05-03-2020
Important Points
Subject
Criminal Law - Sexual Offenses
Act Referred
INDIAN PENAL CODE : S.506, S.376(2), S.354(a), S.354(d), S.376, S.384
PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT : S.4
Headnote
POCSO - Sexual Assault - IPC 354A/354D/376/384, POCSO Act Section 4 - [IPC 354A, IPC 354D, IPC 376, IPC 384, POCSO Act Section 4] - The court discussed the evidence and found that the delay in lodging the FIR, material contradictions in the prosecutrix's statement, and lack of corroboration raised doubts about the credibility of the prosecution's case. The court emphasized the importance of establishing the place of the incident and the need for corroborative evidence in sexual offense cases. The judgment highlighted the principle that the testimony of the prosecutrix, although usually sufficient, must be corroborated and consistent to establish guilt beyond reasonable doubt.
Fact of the Case:
The case involved the alleged sexual assault on a minor girl by the accused, leading to charges under IPC and POCSO Act. The prosecutrix's statement, delay in lodging the FIR, and material contradictions were key points of contention.
Finding of the Court:
The court found that the delay in lodging the FIR, material contradictions in the prosecutrix's statement, and lack of corroboration raised doubts about the credibility of the prosecution's case. The court emphasized the importance of establishing the place of the incident and the need for corroborative evidence in sexual offense cases.
Issues: The key issues revolved around the credibility of the prosecutrix's statement, the delay in lodging the FIR, and the need for corroborative evidence in the absence of which the court raised doubts about the prosecution's case.
Ratio Decidendi: The judgment highlighted the principle that the testimony of the prosecutrix, although usually sufficient, must be corroborated and consistent to establish guilt beyond reasonable doubt. The court emphasized the importance of corroborative evidence and the need to establish the place of the incident.
Final Decision: The court dismissed the appeal, affirming the trial court's decision to acquit the accused due to lack of merit in the prosecution's case.
For the Appellant : Mr. Ashish Dutta, APP.
For the Respondent:Mr. Harsh Prabhakar, Amicus Curiae with Mr. Dhruv Chaudhary, Advocates.
JUDGEMENT :
I.S. Mehta, J.
1. Instant appeal is arising from the Judgment dated 02.08.2018 passed by the learned Additional Sessions Judge, (North-West)-01 Special Court, POCSO, Rohini, District Courts, Delhi in Sessions Case No. 124/15 arising out of FIR No. 538/15 registered under Sections 354A/354D/376/384 IPC and Section 4 POCSO Act at PS Sultan Puri, Delhi whereby the respondent/accused was acquitted from the charges leveled against him.
2. Brief facts stated are that on 08.06.2015, PW6 W/ASI Sajni received information through wireless from SHO PS Sultan Puri of sexual assault on minor girl, on receiving said information, PW6 alongwith NGO Counselor reached to PS Sultan Puri and made preliminary inquiry from PW3 prosecutrix 'E' and her mother PW10. Thereafter, PW6 got prosecutrix 'E' counseled and her statement (rukka) Ex.PW3/A was got recorded and W/ASI Sajni sent prosecutrix to SGM Hospital alongwith her mother and Lady Ct. Manju for conducting her medical examination vide MLC Ex.PW3/B and thereafter FIR No. 538/15 was got registered under Sections 354A/354D/376/384 IPC and Section 4 POCSO Act at PS Sultan Puri, Delhi on basis of said statement. Statement Ex.PW3/A is reproduced below :
She stated that she is 12th pass and is living with her parents on aforesaid address. She knows one boy Arif who works at lathe mill shop infront of their house. He follows her while she up downs to school. She overlooked many times but Arif kept on stalking her. She did not narrate her parents due to fear of consequences. Accused Arif took her phone number forcefully and used to call her from Mobile No. 9015124453. Accused Arif used to threaten her saying he has taken her photograph and he will defame her if she will not speak with him. The accused Arif asked her to fetch money, gold earring and gold ring, which she gave on 24.12.2014 when she was on her way to tuition, Arif followed her and proposed a date with him to which she refused and went to her tuition. On her way back to home, Arif met her just couple of feet away from her house and told her to accompany him on motorcycle under the fear. However, she does not know the number of Motorcycle. The accused Arif took her to Japanese Park and started teasing her. Accused then started molesting her to which she objected, despite her objection, accused Arif groped her and opened her salwar and forcefully fingered into her private parts. Accused Arif till date follows her and tells her to meet at a secluded place as he intends to make physical relation with her. On 08.06.2015, her mother Suman opened her almirah and found missing some money and gold ornaments. Her mother inquired whereabouts of missing money and gold ornaments from her. She under the fear disclosed everything to her mother. Her parents brought her to PS Sultan Puri. Legal action be taken against accused Arif, missing money and gold ornaments be returned to her. She made statement in presence of her mother voluntarily. Statement is read over to her, same is correct.
Sd/-
3. After registration of said FIR, on same day i.e. 08.06.2015, investigation was handed over to W/SI Omwati PW7 who, on the next day i.e. 09.06.2015, arrested the accused Arif vide Arrest Memo Ex.PW3/D, his personal search was got conducted vide personal search memo Ex.PW3/E and his medical examination was got done vide MLC Ex. PW4/A. Thereafter, accused vide his disclosure statement Ex.PW7/A pointed out place in Japanese Park vide pointing out memo Ex.PW7/B. Accused took the police team to Muthoot Fincorp Ltd. at Budh Vihar and got recovered gold articles vide pointing out memo Ex.PW7/C. PW2 Sh. Suraj Sharma, manager of said Muthoot Fincorp Ltd. branch was got examined under Section 161 Cr.P.C. and produced documents of pledge of said gold articles i.e. one Gold Jhumki of 9.1 gms (Ex.P1) and one Gold Ring of 2.7 gms (Ex.P2) in lieu of which accused Arif had taken Rs.20,000/- from the branch same were seized vide Seizure Memo Ex.PW7/D. Said Gold articles were
