State sought leave to appeal under Section 378(3) CrPC challenging acquittal in a POCSO rape case. Court noted a delay of over 633 days found no sufficient ground to condone the same and dismissed the petition.
Leave to challenge the acquittal under Section 378(3) CrPC was not granted; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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STATE NCT OF DELHI .....Petitioner Through: Mr. Aman Usman, APP for the State with W/SI Sangeeta, P.S. S.B. Dairy. versus RIZWAN .....Respondent Through: None. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
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said incident, it is stated that when the survivor reached the said house, Ms. Lakshmi was present there and after a while the Accused/Respondent also reached the said house. Thereafter, it is alleged that Ms. Lakshmi left for the market after having spoken to the Accused/Respondent. The Accused/Respondent is alleged to have come physically proximate to the survivor and molested her. According to the survivor, she resisted the Accused/Respondent but he threatened her and allegedly committed rape upon the victim.
“65. The doctor who examined the child- PW9 stated that there was no sign of sexual assault on the victim . Although PW9 also added that the victim had already washed her private parts and changed her clothes by then, still the MLC Ex PW2/A reflects that there was no inflammation or tenderness on her labia majora. The victim was very young- 14 years at the time of the alleged offence and the accused was a 40 years old married man. The victim has deposed that she experienced immense pain during the penetration (which happened twice) and her MLC was conducted on the very next day. Yet there is no abrasion or
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contusion on the perineum or labia majora of the victim .”
“72. Resultantly, this Court finds that the statement of "N" is not corroborated with any of the evidence or witnesses relied upon by the prosecution. Rather, the accused has been able to show this is probably a case where
the child witness has been tutored to settle personal scores between the family of the victim and the accused. In these circumstances, it would be dangerous to return a finding of conviction only on the basis of uncorroborated testimony of the child “N”.
73. Taking an overall view of lacunae in the case of the prosecution and the lack of a meaningful investigation by the police, I find that the prosecution has not established that "N" was subjected to penetrative sexual assault by the accused. The prosecution has failed to establish any of the allegations made against the accused.
74. Consequently, accused Rizwan is acquitted for the offences under Sections 376(2)(i) of the IPC and Section 4 of the POCSO Act.”
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is sought. This Court has also examined the merits of the matter and has perused the evidence of the survivor (PW-1) as also her Mami (PW-20). Clearly, Ms. Laxmi, who could prove the case of the prosecution, has not been examined.
PRATHIBA M. SINGH, J
AMIT SHARMA, J
OCTOBER 9, 2024/ bsr/ms
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2 issues framed by the court
Whether leave to appeal under Section 378(3) CrPC should be granted against an acquittal.
Whether the grounds for condonation of significant delay are Establishable.
3 provisions across 3 enactments
State NCT of Delhi
Rizwan
Prathiba M. Singh
Amit Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Prathiba M. Singh and Amit Sharma
