IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH.

Date of Decision: 08.07.2025.

Xxxxx ....Appellant VERSUS Sonu and another ....Respondents ***

CORAM : HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL HON'BLE MR. JUSTICE DEEPAK MANCHANDA ---

Present: Mr. Sumit Sangwan, Advocate for the appellant.

Mr. Anant Kataria, Deputy Advocate General, Haryana.

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ANUPINDER SINGH GREWAL, J.

In view of the directions issued by the Supreme Court in the case of Nipun Saxena Versus Union of India, (2019) 2 SCC 703, the identity of the appellant, being the alleged victim, is being masked.

2. This appeal by the prosecutrix ‘P’, is directed against the judgement of the trial Court dated 02.02.2021, whereby respondent No.1 has been acquitted of the charges framed against him under Sections 451, 323, 376 read with Section 511, 506 IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘the POCSO Act’), in FIR No.203 dated 26.10.2019 registered under Sections 323, 451, 506, 376, 511 IPC and Sections 8 & 18 of the POCSO Act at Police Station Behal.

3. Learned counsel for the appellant submits that respondent No.1 had been erroneously acquitted, although, there was cogent evidence warranting his conviction. The appellant was a child of tender age at the time of the incident. She had supported the prosecution case on all major aspects but the trial court has given undue weight to minor inconsistencies in her statement. The victim had categorically stated that respondent No.1 had tried to assault her and had slapped her. It was only when she did not stop crying and strongly resisted, that he left.

4. Heard.

5. It is the case of the prosecution that on 26.10.2019, the victim submitted a complaint stating that she was about 13 years old and on 25.10.2019 around 3 p.m., when she along with her younger brother was on her way back from school, respondent No.1 followed them on his motorcycle. He was in an inebriated condition and insisted on dropping them to their house on his motorcycle, but they refused. Thereafter, her brother went to the fields while she went home. Respondent No.1 followed her to her house and enquired about the whereabouts of her parents. When she apprised him that they were in the fields, he slapped her. He also insisted on coming inside the house and when she refused, he caught hold of her hands and she started crying. He again insisted that she come to the back of the house. When she continued crying, he let go off her hands. Thereafter, she came outside and he criminally intimidated her by threatening to kill her if she discloses the incident to anyone. It was also stated that respondent No.1 tried to rape her and requested that appropriate legal action be taken against him. On the basis of the complaint, FIR No. 203 dated 26.10.2019 was registered under Sections 323, 376, 451, 506, 511 of the IPC and Sections 8 & 18 of the POCSO Act at Police Station Behal.

6. On 26.10.2019 itself, the victim informed the police that she was not feeling well and requested them to defer the legal formalities for two days. On 28.10.2019, the child victim was taken to the Child welfare Committee, Bhiwani, for counselling. She was also taken to the Government Hospital, Bhiwani but refused to undergo medical examination. Her statement under Section 164 Cr.P.C. was recorded by the Judicial Magistrate First Class, Bhiwani. The statements of the victim and her mother, namely, ‘MD’ were recorded under Section 161 Cr.P.C. The accused was arrested on 11.12.2019 and produced before the Magistrate, who remanded him to the judicial custody. 7. After completion of the investigation, the police submitted the final report under Section 173 Cr.P.C. and the Trial Court framed charges against respondent No.1 for offences punishable under Sections 451, 323, 376 read with Section 511, and 506 of the IPC and Section 8 of the POCSO Act. Respondent No.1 pleaded not guilty and claimed trial. To prove its case, the prosecution examined fi