JUDGMENT

Sukhvinder Kaur, J.

The appellant-State of Haryana has preferred the instant application under Section 378(3) Cr.P.C. seeking leave to appeal against judgment dated 16.12.2020, passed by learned Additional Sessions Judge, Fast Track Court, Sirsa, vide which respondent-accused Chander Pal has been acquitted.

2. The facts, as per record, are that the complainant is resident of Village Bakerianwali, District Sirsa. The age of his daughter i.e. prosecutrix/victim is 16 years. On 01.07.2018 at about 12 midnight, she went away somewhere without telling anybody. The complainant suspected that his daughter had hidden herself somewhere or someone had hidden her. The complainant and his family members searched for the prosecutrix/victim upto 02.07.2018 but could not find her. The details regrading appearance of the prosecutrix and the clothes worn by her were also detailed in the complaint. During the investigation, the prosecutrix was recovered on 02.07.2018 from Jaipur Hospital, Sirsa.

3. On basis of the aforesaid complaint Ex.P-16, formal FIR Ex.P22 was registered. SI Mahan Singh PW-9 collected documents regarding date of birth of the victim from the Head Master of the Government Primary School, Bakerianwali and took school certificate Ex.P-2 and thereafter, investigation of this case was conducted by PW-7 ASI Rohtash Kumar. The accused was arrested and interrogated and he suffered the disclosure statement Ex.P-18 vide which he got demarcated the place of occurrence vide memo Ex.P-19 and also got demarcated the place, where he had consumed poison vide memo Ex.P-20. During investigation, he also suffered the disclosure statement Ex.P-24. The accused was medico-legally examined vide MLR Ex.P-35. Rough site plan and Ex. P-50 and scaled site plan of the place of occurrence Ex.P-8 were prepared and statements of prosecution witnesses under Section 161 Cr.P.C were recorded. Victim was got medico-legally examined vide MLR Ex.P-53. The statement of the prosecutrix under Section 164 Cr.P.C Ex.P-11 was also got recorded. After completion of all other formalities of investigation, the final report under Section 173 Cr.P.C. was prepared.

4. After finding a prima-facie case, the accused was chargesheeted under Sections 363 , 366-A IPC and Section 6 of the POCSO Act, to which he pleaded not guilty and claimed trial.

5. After concluding the trial, the trial Court acquitted the accused.

6. Aggrieved by the said decision, State of Haryana has preferred the present application for seeking leave to file an appeal against the acquittal of accused-Chander Pal.

7. We have heard Mr. Arun Beniwal, DAG, Haryana and have also perused the record.

8. Learned counsel for the State-appellant has vehemently contended that the trial Court has erred in acquitting the accused and has wrongly held that victim was not a child on the date of occurrence as required under the POCSO Act. The trial Court has wrongly not relied upon the documents Ex.P-2, P-3 and P-4 i.e. admission and withdrawal register copies, wherein date of birth of the victim was recorded as 03.04.2003 vide which she was enrolled in the first standard of the school as deposed by PW-1 Pala Ram i.e. Head Teacher of the school. He has further conte