State NCT of Delhi vs Akash @ Gunni

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
SIDDHARTH MRIDUL, RAJNISH BHATNAGAR
State NCT of Delhi – Appellant
Versus
Akash @ Gunni – Respondent

Table of Content
1. victim's testimony introduces case facts. (Para 1 , 2 , 3 , 4)
2. court's analysis on victim's credibility. (Para 5 , 6 , 7)
3. dismissal of state's leave to appeal. (Para 8 , 9)

JUDGMENT

Siddharth Mridul, J. (Open Court)--The present criminal leave to appeal petition under Section 378 (1) of the Code of Criminal Procedure, 1973 (Cr.P.C.), has been instituted on behalf of the State/petitioner assailing the impugned judgment and order dated 22.08.2020 passed by learned Additional Sessions Judge-05, South District, Saket Courts, New Delhi, in S.C. No.6619/2016, in case FIR No.75/2015, under Section 376 of the Indian Penal Code, 1860 (IPC); and Section 4 of the Protection Of Children from Sexual Offences Act, 2012 (POCSO Act), registered at Police Station Hauz Khas, whereby Akash alias Gunni, the sole respondent, was acquitted of the charges.

2. The prosecution's case is premised on a compliant received from `RA' to the effect that his 15-year old daughter `R' went missing from their residence at House No.215, Masjid Moth, near South Extension Part-II, New Delhi at about 4 p.m. on 17.01.2015. The complaint revealed that Akash alias Gunni was suspected of having allur