T.P.S.MANN, MAHABIR SINGH SINDHU
State of Haryana – Appellant
Versus
Vikas – Respondent
Mr. Mahabir Singh Sindhu, J.:- The State of Haryana has filed the present application under Section 378(3) seeking leave to appeal against the judgment dated 06.10.2016, passed by learned Addl. Sessions Judge, Gurgaon, for short ‘Trial Court’ vide which the respondents have been acquitted of the charges under Sections 376(1) and 376(2)(i) IPC and Section 4 of of The Protection of Children from Sexual Offences Act, for short ‘POCSO Act’.
2. The brief facts of the case are that an FIR No.94 dated 21.03.2014 under the above mentioned Sections at Police Station, Sector 40 Gurgaon was registered on the basis of statement made by prosecutrix ‘A’ alleging that she is 17 years old and native of village Kalyana, Police Station Sadar Charkhi, District Bhiwani and residing with her mother, brother and sister in village Kanhai in a rented accommodation of Billu Yadav. Another prosecutrix, i.e. prosecutrix ‘B’ who is her friend, also lives nearby in a room with her parents. On 20.03.2014, prosecutrix ‘B’ stated that she is suffering from stomach ache and both of them went to take medicines. On the way, they met their neighbours Sombir and Vikas who belong to District Rohtak and both the
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