J U D G M E N T

1. The present appeal is filed under section 378(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) on behalf of the petitioner/State (hereinafter referred to as “the petitioner”) to set aside the judgment dated 13.08.2019 (hereinafter referred to as “the impugned judgment”) passed by the court of Sh. Parveen Singh, ASJ-01, Special Judge/(POCSO), North-East District, Karkardooma Courts, Delhi (hereinafter referred to as “the trial court”) in FIR bearing no.0469/2017 under section 354A IPC and section 12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) whereby the respondent was acquitted for the charges under section 354A IPC and section 10 POCSO Act.

2. The factual background is that Ct. Akhilesh on 12.09.2017 at about 6:40 pm received information from Police Control Room from a caller who was saying that his granddaughter was molested by one boy at House no. 106, Chauhanpur, Matawali Gali and said information was recorded vide DD No 77B which was handed over to ASI Jeevanand for further action. ASI Jeevanand after receipt of DD No 77B reached at House no 109, Village New Chauhanpur, Karawal Nagar where caller Sri Chand handed over the said boy namely Nikhil/the respondent/the accused (hereinafter referred to as “the respondent”) and thereafter ASI Jeevanand handed over the respondent and victim to SI Monika. SI Monika made inquiry from the victim who stated that the respondent had oral sex with her. The victim was sent to JPC Hospital along with her mother and HC Rehana. HC Rehana after medical examination of the victim collected the said MLC and handed over to SI Monika.

2.1 SI Monika recorded the statement of the victim wherein victim stated that she along with her sister namely Jyoti on 12.09.2017 at about 05:30/06:00 pm was playing badminton on the roof of their house. The shuttle cock during play was dropped on the roof of the house of neighbor. The victim went there to pick the shuttle cock back where she found that the respondent was alone at the house and rest of the members were at the terrace. The respondent called the victim and stopped her at the stairs of his house and thereafter made the victim to sit at the stairs. The respondent opened his pants and took out his penis and asked the victim to lick penis and also kissed at cheeks of the victim. The victim refused to lick penis of the respondent. The victim took shuttle cock from the respondent and came to the roof and thereafter came back to her house. SI Monika on basis of statement of the victim prepared rukka and FIR bearing no.0469/2017 was got registered under section 354A IPC and section 12 of POCSO Act. ASI Rohtash (hereinafter referred to as the “Investigating Officer”)

was entrusted with further investigation. The respondent was also medically examined on 13.09.2017. The respondent was arrested.

The Investigating Officer conducted further investigation.

2.2 The victim was produced before the Metropolitan Magistrate for recording of statement under section 164 of the Code which was recorded on 13.09.2017. The victim in statement under section 164 of the Code stated as under:-

In evening of last day, she was playing badminton and shuttle cock was dropped in court yard of the respondent. The victim went to court yard to pick the shuttle cock where she was stopped by the respondent. The respondent looked at her vagina and hips. The respondent made her to lie on floor and asked her to lick his penis. The victim did not lick penis of the respondent and tried to run away from there with shuttle cock. The respondent also kissed her on mouth. The victim ran away from there. The respondent is not a good person and touched her with badly.

2.3 The Investigating Officer collected documents pertaining to age of the victim from Sub-Registrar (Birth & Death Department), Municipal Corporation of Delhi and date of birth of the victim was found to be 19.11.2010. The charge