The prosecution must prove charges beyond reasonable doubt, and contradictions in testimonies can impact the case's outcome.

JUDGMENT (Oral)

Neena Bansal Krishna, J. The present Criminal Leave Petition under Section 378 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner/State seeking Criminal Leave to Appeal against the Judgment dated 16.12.2020 whereby the learned Additional Sessions Judge-05, (POCSO) North, Rohini Courts, Delhi has acquitted the accused/respondent of the charges punishable under Sections 376(2)(i) of the Indian Penal Code, 1860 and Section 6 of the Protection of Children from Sexual Offences Act, 2012 registered vide FIR No. 465/2015 at Police Station Bhalswa Dairy.

2. The case of the prosecution is that on 22.07.2015 at about 11.15 AM, it was informed that a child, aged about 5 years was sexually assaulted by an ice cream vendor (respondent herein). On the complaint of the grandmother, FIR No. 465/2015 was registered at about 4:25 PM and investigations were carried out. The medical examination of the child (victim) got done and her statement under Section 164 Cr.P.C was recorded. On completion of the investigation, a chargesheet was filed under Section 376 (2)(i) read with Section 6 of POCSO Act.

3. Charges were accordingly framed to which the respondent did not plead guilty. The prosecution in support of its case, examined 11 witnesses, the most material ones being PW1 (victim), PW2 Anish Ahmed (neighbour), PW8 Smt. Shaista (wife of PW2), who were both ocular eye witnesses to the incident and PW3 Smt. Rupa (grandmother of the victim) and on whose statement the FIR was registered.

4. The first material witness Smt. Rupa (PW3), the grandmother of the victim on whose complaint FIR was registered, stated that on the day of the incident, she was informed by her neighbour PW2 Mr. Anish Ahmed that the Ice Cream vendor (respondent herein) has physically assaulted her granddaughter by putting his hand inside her panty. She immediately rushed to the spot and picked her granddaughter who was crying. On enquiry, the victim child told her that the respondent had made her sit on the ice cream cart and had assaulted her by touching her on her private parts. The grandmother made a call to the Police and her statement Ex.PW3/A was recorded.

5. PW3 i.e. the grandmother was the first witness to whom the entire incident was narrated by the victim immediately after it happened. However, PW3 in her testimony while corroborating the statement made by her in the examination-in-chief, denied in her cross-examination that she was informed about the incident by her neighbour, PW2 Anish Ahmed or his wife PW8 Smt. Shaista and claimed that one lady who was working as a labourer near the house had informed her that some commotion was taking place and many public persons had gathered. She also deposed that the child returned back home on her own and was not crying. She further deposed that she was informed that the Ice cream vendor lifted the child from the seat of his Rickshaw; in the meanwhile some persons started fighting with each other in the public. She denied telling the Police that the child had been sexually assaulted. The learned Additional Public Prosecutor re-examined the witness but she reaffirmed her testimony as given in the cross-examination. This witness while in her examination-in-chief had supported the allegations made by her in the complaint but in the cross-examination which was conducted on the same day, she totally denied that any incident of sexual assault took place or that she was informed about the same by her neighbour Mr. Anish Ahmed or the child/victim.

6. In this backdrop, the testimony of the second material witness PW2 Mr. Anish Ahmed becomes significant who according to the prosecution was an eye witness to the incident. He was standing outside his house when he had witnessed the entire incident and had called his wife PW8 Smt. Shaista who had also seen the incident happening and immediately thereafter, had rushed to the spot and had caught the Ice Cream vendor and given him beatings. In th