The main legal point established in the judgment is the significance of waiting for and considering crucial scientific evidence, such as DNA reports, before making a judgment in criminal cases.

JUDGMENT :

VIRENDER SINGH, J.

1. State has preferred the present appeal, under Section 378 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) against the judgment, dated 2nd May, 2019, passed by the learned Special Judge, Hamirpur, H.P. (hereinafter referred to as ‘the trial Court’).

2. By way of the judgment, dated 2nd May, 2019, the learned trial Court has acquitted the respondents (hereinafter referred to as ‘the accused’) in Sessions Trial No. 7 of 2018, from the charges framed against them, under Sections 376 (2) D, 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 4 and 6 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’).

3. Brief facts, leading to the filing of the present appeal, before this Court, may be summed up, as under:

3.1. The police of Police Station Nadaun had filed the report, under Section 173 (2) of the Cr.P.C. against the respondents, before the learned trial Court, on 6th February, 2018.

3.2. As per the report, under Section 173 (2) of the Cr.P.C. on 8th November, 2017, the Inspector/SHO, Police Station Nadaun, was present at a place known as Anoo, then, the child victim, aged about 17 years, submitted a complaint before SHO, which was addressed to the Superintendent of Police, District Hamirpur.

3.3. In the said complaint, the child victim has disclosed that she is not feeling safe at her house and requested the police to provide protection to her. She has further mentioned in the application that injustice has been done with her at her residence. Hence, she has requested to help her. The said complaint was forwarded to Police Station by SHO, with a direction to register the FIR, under the relevant Sections.

3.4. In the complaint, the child victim had disclosed that she is studying in ‘X’ School (name withheld). She has got admission in that school in the month of May, 2017. Prior to that, she was studying in the Government High School ‘Y’ (name withheld). In the said complaint, apart from the name of her village, the child victim has also disclosed the name of her mother.

3.5. According to her, she has repeatedly been ravished for the last two years, by none other than her father. According to her further version, she had disclosed this fact to her mother last year. Then, her mother had talked to her father. When her father came back, then, he had beaten the child victim, as well as, her mother and threatened them not to disclose this fact to any one, otherwise, he will finish them.

3.6. The child victim has further recorded in the complaint that her father wants to implicate her god brother. Due to this apprehension, her god brother had gone to Delhi. The father of the child victim pressurized her to take medicines, otherwise, threatened her to consume some poisonous substance. When the child victim insisted to get her blood tested, then, her father had refused to do so. The father of the child victim also threatened to kill her, in case, she named him. Thereafter, the child victim was taken to Panipat, where they had resided for two days, at the house of paternal aunt of the child victim.

3.7. It has further been mentioned in the complaint that once, her father had got her raped, by her brother and also, her father disclosed that he wanted to implicate her cousin brother. The complainant also mentioned that these facts were also brought to the notice of the Principal as well as to the Harassment Committee of the School.

3.8. Lastly, she has mentioned in the complaint that her grievances be redressed, as she is interested to live.

4. On the basis of the above facts, the police registered FIR, under sections 376, 506 read with Section 34 IPC and Section 4 of the POCSO Act and the criminal machinery swung into motion.

5. Thereafter, the investigation of the case was entrusted to IO/SHO, Police Station Nadaun, as well as, Inspector Rita Sharma, In-charge, Anti Human Trafficking Unit, Hamirpur.

6. The chil