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2013 Supreme(Del) 1915

G.P.MITTAL
Uma Pawar – Appellant
Versus
Nizamuddin – Respondent


Advocates:
For the Petitioners: Mr. V.P. Katiyar, Sr. Adv. with Mr. Neeraj Pandey, Adv.
For the Respondents: Mr. Rohit, Adv. for R-1,2 &4. Mr. Mukesh Kumar Sharma, Adv. for R-3. Mr. Sunil Ahuja, Adv. with Mr. Kanishk Ahuja, Adv. for R-5 , R-6. SI Yogesh Kumar, PS Timarpur.

JUDGMENT :

G. P. Mittal, J.— (ORAL)

1. The Petitioners who are the private Complainants (and victim of sexual assault) prefer this Revision Petition under Section 397 of the Code of Criminal Procedure (Cr.P.C.) and impugn the order dated 04.10.2005 and order on sentence dated 05.10.2005 passed by the learned Additional Sessions Judge (‘ASJ’) whereby Respondents were acquitted of the charges under Sections 363/366/376/376(g)/305/368/109/34 of the Indian Penal Code (‘IPC’). However, Respondents Nos. 1 to 4 were convicted for the offence punishable under Section 354 read with Section 34 IPC whereas Respondents No.5 and 6 were convicted for an offence

punishable under Section 342 read with Section 34 IPC. The conviction of Respondents No.1 to 6 for the offences stated earlier is not before the Court as the conviction under the said offences was not challenged by Respondents No. 1 to 6.

2. FIR No.85/1998 was registered on the statement Ex.PW-4/1 made by prosecutrix ‘U’ (name withheld to conceal identity as this being a case for offence under section 376 IPC). She informed the IO that on 21.02.1998 in the evening she went to attend the function in the house of her friend with her sister ‘B’




















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