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2004 Supreme(Del) 533

R.C.CHOPRA
Mrs X – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Akshay Bipin, D.C.MATHUR, HARISH GULATI, Kailash Gambhir, Rebecca M.John, Vishal Gosain, Vrinda Dhar

R. C. CHOPRA, J.

( 1 ) THE petitioner in this Writ petition, under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, is the mother of a child, aged about 6 years, who is alleged to be a victim of an offence under section 377 read with Section 511 of the Indian Panel Code at the hands of his teacher-respondent No. 3. FIR No. 938/2002 was registered at P. S. Malviya Nagar, New Delhi against respondent No. 3. The trial is pending. According to the petitioner, the child complained of sexual abuse on 25. 10. 2002 and on inquiries, revealed that he was a victim of sexual abuse by respondent No. 3 on many occasions and at different locations in the school. The child was examined by Ms. Achla Bhagat, a consultant psychiatrist and psycho therapist at Apollo Hospital, New Delhi. She categorically opined that it would be in the best interest of the child not to expose him to the perpetrator of the crime which may compound the impact of the abuse. She opined that the child was showing signs of Post Trauma Stress Disorder and was likely to suffer further psychological trauma if he was confronted with the accused. In these premises, the petitioner,



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