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1. It may be stated at the outset that the name of the victim child, his family members and any other person or place, capable of identifying the victim child, are not stated as his identity is not to be disclosed in view of Clause 7, Section 33 POCSO Act. The child shall be referred to X, for the purposes of this judgment.

Proceedings before the Court:

2. FIR was registered regarding the cousin chacha of the victim sodomizing him. and the matter investigated. Upon completion of investigation, chargesheet was filed. My Ld. Predecessor took cognizance of the offence. Copies of the chargesheet were supplied to the accused. After hearing the parties, my Ld. Predecessor charged the accused under Sections 377/506 (2) IPC and Section 6 POCSO Act. The charge clearly states that the FIR No. 485/15 State Vs. Sonu Sharma PS Sagarpur Judgment dt. 09.05.2018 U/s 377/506 IPC & 4/6 POCSO Act page 1 of 8 accused was the cousin brother of the father of the victim and had committed penetrative sexual assault with the victim who was aged about 11 ½ years and that the accused had also threatened to kill him if he disclosed the incident to anyone.

5. The victim visited the police station along with his father in the night of 25.06.2015 and lodged a complaint regarding unnatural intercourse with him by his cousin chacha, the accused herein. W/SI Asha/PW6 recorded the statement of the victim/Ex.PW1/A, endorsed the same vide Ex. PW 6/A and prepared the rukka. The DO registered the FIR/Ex. P-1 (document admitted by the accused under Section 294 Cr. P.C). Further investigation was carried out by SI Vijay Pal/PW7. The victim was got medically examined 26.06.2015. His MLC/Ex.P-2 (document admitted by the accused under Section 294 Cr. P.C) was prepared and he was referred to surgery department. A note/Ex. P-3 FIR No. 485/15 State Vs. Sonu Sharma PS Sagarpur Judgment dt. 09.05.2018 U/s 377/506 IPC & 4/6 POCSO Act page 2 of 8 (document admitted by the accused under Section 294 Cr. P.C) was prepared by the surgery department. The samples taken by the doctor and the sample seal was seized by the IO vide seizure memos/Ex. PW 7/A and Ex. PW 7/B.

FIR No. 485/15                                                             State Vs. Sonu Sharma
PS Sagarpur                                                              Judgment dt. 09.05.2018
U/s 377/506 IPC & 4/6 POCSO Act                                                        page 6 of 8

14. The father and the grandmother of the victim have, more or less, supported the State case. They have also identified the accused as the chacha referred to by the victim as the offender. The victim himself, however, has not identified him. The victim has thus evidently deposed falsely while not identifying the accused. Though it is evident that he has falsely deposed in this regard, the same cannot be said for his deposition on the incident itself.

18. In the light of the above discussion, accused stands acquitted of the charges framed against him.

19. File be consigned to Record Room after completion of necessary formalities.

                                                                RUBY ALKA     RUBY ALKA GUPTA
                                                                GUPTA         Date: 2018.05.16
                                                                              10:32:25 +0530

Announced in Open Court on                                    (RUBY ALKA GUPTA)
9th May, 2018.                                          Special Court POCSO/ASJ-01
                                                      New Delhi Distt./PHC/New Delhi.




FIR No. 485/15                                                            State Vs. Sonu Sharma
PS Sagarpur                                                             Judgment dt. 09.05.2018
U/s 377/506 IPC & 4/6 POCSO Act                                                       page 8 of 8