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2014 Supreme(Del) 1810

PRATIBHA RANI
Rahul Dev – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:Alok Lakhanpal, Sushil Thakur, Advocates.
For the Respondents: Rajdipa Behura, APP, SI Premvir Singh, PS Sultanpuri.

Judgment :

Pratibha Rani, J.

Oral:

1. Petitioner is aggrieved by the order dated 23.10.2013 by learned ASJ, whereby he has been ordered to face trial for committing the offence punishable under Sections 363/366/376/346 IPC.

2. The facts that led to the filing of present revision petition are that an FIR was lodged on 16.10.2012 by the mother of the prosecutrix alleging that her daughter, aged about 17 years, had gone out of the house on 15.10.2012 at about 2 pm, and did not return. She suspected that somebody had enticed her daughter and taken her away. She requested the police to search for her daughter and take legal action against the offender.

3. On the basis of the statement of the complainant, case FIR No.466/2012 under Section 363 IPC was registered at PS Sultan Puri. Subsequently, the daughter of the complainant was recovered on 02.11.2012 from Gurgaon. She was brought to Delhi and her statement u/s 161 CrPC was recorded. On 03.11.2012, the daughter of the complainant was produced before the learned MM and her statement u/s 164 CrPC was recorded. During investigation, the I.O. also collected the date of birth certificate of the prosecutrix and after recording of the stateme






















































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