Point of Law: Provisions of law reveals that to hold somebody guilty of sexual assault punishable under Section under Section 8 of POCSO Act, it is obligatory to prove that accused with sexual intent touched vagina, penis, anus or breast of child or made child touch vagina, penis, anus or breast of such person or any other person, or did any other act with sexual intent which involves physical contact without penetration.

JUDGMENT :

Instant criminal appeal filed under Section 378 Cr.PC, lays challenge to judgment dated 22.01.2020, passed by learned Special Judge, Nalagarh, District Solan, H.P., in Trial No. 29-NL/7 of 2019, whereby learned court below while holding respondent/accused (hereinafter referred to as ‘accused’) guilty of his having committed offence punishable under Sections 341, 354-D, 323 & 506 of IPC read with Section 34 IPC convicted and sentenced him, as per description given in the order of sentence dated 23.1.20220, but acquitted him of charges framed against him under Sections 8 & 12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘Act’).

2. Precisely, the instant appeal has been filed against the aforesaid judgment of acquittal dated 22.01.2020, recorded by the court below in favour of the accused under Section 8 & 12 of the POCSO Act.

3. For having bird’s eye view, certain undisputed facts, as emerge from the record are that on 27.1.2019, victim/prosecutrix PW-1, Kumari Akriti, got her statement recorded under Section 154 Cr.P.C with the police of Women Police Station, Baddi stating therein that she is studying in Vivek International Public School, Baddi, in 12th standard. She alleged that at about 5 P.M., she while she was coming back from tuition and was going towards the lift of Amarawati Apartment, she saw that accused was chasing her. She alleged that on seeing her alone, all of sudden, accused came in front of her and wrongfully restrained her and put knife on her neck. She alleged that accused told her that in case she cried, he would kill her. She alleged that accused caught hold her tightly and out of fear, she cried. On hearing her cries, one lady came there and accused tried to run away, however, he was apprehended by the public gathered on the spot. She stated before the police that after some time, her parents also came there. On the basis of aforesaid statement, police registered FIR and after completion of investigation, presented the challan in the Court of learned Special Judge, Nalagarh, District Solan, H.P. Aforesaid Court after having found prima facie case against the accused, charged him under Sections 341, 354-D, 323 and 506 IPC and Sections 8 & 12 of Protection of Children from Sexual Offences Act, 2012, to which, he pleaded not guilty and claimed trial.

4. Prosecution with a view to prove it’s case, examined as many as nine witnesses, whereas, despite opportunity, accused failed to lead evidence in defence, however, in his statement recorded under Section 313 Cr.P.C, denied the case of the prosecution in toto and claimed himself to be innocent.

5. Learned Trial Court on the basis of evidence led on record by the prosecution, though held accused guilty of his having committed offence punishable under Sections 341, 354-D, 323 & 506 of IPC, but acquitted him of charge framed against him under Section 8 & 12 of POCSO Act.

6. Being aggrieved and dissatisfied with the acquittal of the accused under Section 8 & 12 of POCSO Act, appellant-State has approached this Court in the instant proceeding, praying therein for conviction of the accused under aforesaid provisions of the Act.

7. I have heard learned counsel representing the parties and gone through the record.

8. Though, Mr. Narinder Guleria, learned Additional Advocate General, vehemently argued that judgment impugned in the instant proceedings is not based upon the proper appreciation of facts and evidence led on record by the prosecution and as such, same is not sustainable in eye of law, but having carefully perused the entire evidence led on record by the prosecution vis-a-vis reasoning assigned by learned court below while acquitting the accused of the charges framed against him under Sections 8 & 12 of POCSO Act, this Court has no hesitation to conclude that court below has rightly appreciated the evidence as as well provisions of law and as such, there is no scope of interference as far as findings returned by the co