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2012 Supreme(Del) 2247

SANJIV KHANNA, S.P.GARG
Amrit Sharma @ Amit – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant:Ms. Nitya Ramakrishnan, Amicus Curiae with Mr. Rahul Kripalani, Ms. Suhasini Sen, Advocates.
For the Respondent: Ms. Richa Kapoor, APP.

S.P.Garg, J.;—

1. Amrit Sharma @ Amit impugns the judgment dated 27.09.2010 in Sessions Case No.1144/2009 by which he was convicted for committing offences punishable under Sections 363/366/376 (2)(F) IPC and sentenced to undergo imprisonment for life with fine. In brief the prosecution case is as under :

2. Daily Dairy (DD) No.3A (Ex.PW-1/B) was recorded at 12.45 (night) on 18.04.2009 at police station Shalimar Bagh on getting information from Const.Vikram that a girl aged 3 - 4 years lying unconscious near toilets, House No.52, Singalpur Village was admitted at Babu Jagjivan Ram Memorial Hospital. The DD was marked to SI Hira Lal who with Const.Naresh Pal reached the hospital. The child was unfit to make statement. SI Hira Lal made endorsement (Ex.PW-8/C) over DD No.3A and sent the rukka for lodging First Information Report under Section 376 IPC. The Investigating Officer recorded Jagbir’s statement. He had informed the PCR about the child. Efforts were made to record the statement of the victim but in vain. SI Sushila Rana took photograph of the child on mobile and showed to various persons for identification. Smt.Shakuntala living in jhuggi No.101, AA-Block, Shalimar Bagh identif




































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