In criminal cases, the prosecution must prove guilt beyond a reasonable doubt; inconsistencies in victim's testimony and lack of supporting evidence can result in acquittal.

JUDGMENT

Siddharth Mridul, J. (OPEN COURT)

CRL. M.A.99/2022 (Exemption)

1.1. Exemption granted, subject to all just exceptions.

1.2. The application is disposed of accordingly.

CRL. M.A.100/2022 (Delay)

2.1. The present application under Section 5 of the Limitation Act, 1963, has been filed on behalf of the State/petitioner seeking condonation of 34 days. delay in filing the leave to appeal petition.

2.3. In view of the reasons stated in the application, which is duly supported by an affidavit, the same is allowed. The delay of 34 days in filing the accompanying leave to appeal petition is condoned.

2.4. The application is disposed of accordingly.

CRL. L.P. 7/2022

3. The present criminal leave to appeal petition under Section 378 of the Code of Criminal Procedure, 1973, has been instituted on behalf of the State/petitioner assailing the impugned judgment and order dated 12.12.2019 passed by learned Additional Sessions Judge-05, South-West District, Dwarka Courts, Delhi, in S.C. No.165/2018, case FIR No.560/2017, under Sections 451/376 of the Indian Penal Code, 1860 (in short 'IPC'); and Section 6 read with Section 5 (m) of the Protection Of Children from Sexual Offences Act, 2012 (in short 'POCSO Act'), registered at Police Station Chhawla; whereby Arun Kumar Yadav, the sole respondent, was acquitted of all the charges.

4. In a nutshell, the case of the prosecution was that Arun Kumar Yadav, on 25.12.2017 between 12 noon and 2 p.m., broke the netting (jalli) of the door of the house of the complainant and after breaking into the said house, inserted a finger into the vagina of the 05-year old victim 'K'. Arun Kumar Yadav was alleged to have then inserted his penis into the vagina of the victim as well as put his mouth on the vagina of the victim 'K'.

5. Upon receipt of information at 3:45 p.m. on 25.12.2017 by the control room, on phone, it was recorded vide DD No.20A to the effect that "caller ki ladki ke saath batamiji ki hai". WSI Shiksha reached the spot and recorded the statement of the complainant Ex. PW 2/A wherein the involvement of Arun Kumar Yadav was recorded.

6. Inter alia, it was stated by the complainant that at about 12 noon on the date of the commission of the offence, she along with her son had gone to Janakpuri for some work leaving behind her youngest child, the victim 'K', after putting a lock on the netting of the door at the entrance of her house; and that when she returned and entered her home, she saw that the clothes of the victim 'K' were removed. Upon a query from the complainant/mother, the child victim 'K' is stated to have told her that after they had left home, Arun Kumar Yadav, who is a neighbour, entered the dwelling and after removing her pyjami, committed rape upon her, as elaborated hereinabove.

7. PW-8 WSI Shiksha prepared rukka Ex. PW 8/B and got the subject FIR registered for the offences punishable under Sections 451/376 of the IPC as well as Section 6 read with Section 5 (m) of the POCSO Act.

8. The victim 'K' was thereafter escorted for the MLC Ex. PW 1/A to the DDU Hospital. The statement of the victim 'K' was also recorded under Section 164 Cr.P.C. before the learned Metropolitan Magistrate Ex. PW 1/B and the respondent, Arun Kumar Yadav, was arrested on 27.12.2017. Upon completion of investigation, the subject charge-sheet was submitted before the court of competent jurisdiction. The prosecution examined 10 witnesses including PW-1, the victim 'K' as well as PW-2, her mother.

9. The two issues that arose for consideration before the learned trial court were (i) whether the victim 'K' had been subjected to sexual assault and molestation, as alleged; and (ii) whether Arun Kumar Yadav was the perpetrator of the alleged crime.

10. In this behalf, it would be relevant to observe that Dr. Gunjan Chaudhary, Senior Resident (OBGY), DDU Hospital, New Delhi, PW-7, who had medically examined the victim 'K' on 25.12.2017, recorded in the MLC Ex. PW 1/A that there was neithe