J U D G M E N T

SANGITA DHINGRA SEHGAL, J (Oral)

1. By the present Leave Petition filed under Section 378 (1) of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) the State seeks leave to appeal against the judgment dated 21.08.2018 passed by the learned Additional Sessions Judge-01, Special Court (POCSO) North West District, Rohini Court, New Delhi, whereby the respondent (accused before the Trial Court) was acquitted of the charges punishable under Sections 363/376/506/511 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 8/10/12 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO’).

2. The brief facts of the case, as mentioned by the learned Trial Court are reproduced as under:

“Brief facts of the prosecution case are that DD No.28A dated 25.07.2013 was recorded on a PCR call at about 8.00 p.m. regarding attempt of rape with 4 years old daughter of the caller by the neighbour. IO reached the spot where he came to know that victim has already been taken to BJRM hospital. IO reached there and collected the MLC of the victim and recorded the statement of the mother of the victim who stated that today at