YYY Through Her Father vs State of Haryana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3489

SURESHWAR THAKUR, KULDEEP TIWARI
YYY Through Her Father – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Sanjeev Kumar, Advocate; For the Appellant
Mr. Raman Sharma, Addl. AG, Haryana.
Mr. Devender Arya, Advocate for Respondent No.2.

JUDGMENT

Kuldeep Tiwari. J.

The instant appeal is directed against the order of acquittal dated 2.8.2022 passed by the learned Additional Sessions Judge, Fast Track, Special Court (under POCSO Act), Namaul, whereby, the respondent has been acquitted of the charges framed against him for offences punishable under Sections 465 , 506 (ii) of IPC and section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act'), in case FIR No. 520 dated 14.10.2019, registered with Police Station Mahendergarh.

2. The prosecutrix, who is stated to be a minor, has, through her father, challenged the verdict of acquittal (supra), on the ground, that the learned trial Court has not assigned adequate weight age to her statement, as, made under Section 164 Cr.P.C. It has been further averred that the learned trial Court has not considered the vital aspect i.e. of the statutory presumption(s), as prescribed under Sections 29 and 30 of the POCSO Act, rather becoming engendered against the accused. Therefore, the onus became laid upon the respondent-accused to prove his innocence beyond reasonable doubt. Thus, when the respondent-accused has not led any cogent