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2021 Supreme(HP) 79

CHANDER BHUSAN BAROWALIA
State of Himachal Pradesh – Appellant
Versus
Ajay Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.C. Sharma, Additional Advocate General.
For the Respondent:Mr. Piar Chand, Advocate.

JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present petition is maintained by the applicant/State under section 378 (3) Cr.P.C. for grant of leave to file an appeal against the judgment, dated 06.07.2019, passed by learned Special Judge, Bilaspur, District Bilaspur, H.P. in Sessions Trial No. 18/7 of 2018, whereby the nonapplicant/ accused/respondent (hereinafter referred to as “the accused”) was acquitted for the commission of offence punishable under Sections 354, 451 and 506 Indian Penal Code and Section 11 of the POCSO Act, 2012.

2. Tersely, the facts of the case, leaving the fiddling details, are summarized as under:-

As per the prosecution, on 10.04.2018, a police team was present at village Bhager where, at about 03:00 p.m., Station House Officer received call from Sh. Kishori Lal, Up- Pradhan, informing that some unknown person was nabbed by local people, who had purportedly committed indecent acts with a minor girl. After receiving the information, Police rushed to the spot. The statement of the victim/prosecutrix (name withheld) was recorded under Section 154 Cr.P.C., wherein she stated that she is a student of +1 Class in a School at Ghumarwin and resides with her grand p

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