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2013 Supreme(Del) 2017

G.P.MITTAL
Paris Shuja Jalai @ Anup – Appellant
Versus
CBI – Respondent


For the Petitioner:Mr. Mohit Mathur, Mr. Jivesh Tiwari , Ms. Suman, Advocates.
For the Respondent: Mr. P.K. Sharma, with Mr. Anil Kr. Singh, Avocates.

JUDGMENT :

G. P. Mittal, J.;—

1. By virtue of this Revision Petition, the Petitioner impugns the framing of the charges under Section 120B read with Sections 420/366-A/372/373 IPC and Section 5 of the Immoral Traffic(Prevention) Act, 1956 (the Act) and substantive offences under Section 373 IPC and Section 5 of the Act.

2. The learned counsel for the Petitioner urges that infact initially the Petitioner was arrested in a connected case bearing RC No.S1/1/2012/S0005 which related to procurement of another girl Riya Lama @ Riya Mothey. It is urged by the learned counsel for the Petitioner that the certificate relied upon by the prosecution to show that Pranisha @ Alisha Gurang was less than 18 years is doubtful as the name of Pranisha has been later on introduced by the prosecution and in her statement under Section 164 Cr.P.C. recorded by the Magistrate, she had given her age as 18 years. It is contended that there is no evidence collected by the CBI which could be converted into legal evidence during the course of the trial. Thus, the Petitioner is entitled to be discharged. It is contended that the prosecuting agency is relying on the conversation recorded between the Petitioner and








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