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2016 Supreme(Del) 1787

SANGITA DHINGRA SEHGAL, G.S.SISTANI
STATE – Appellant
Versus
LAXMAN PRASAD – Respondent


Advocates Appeared:
For the Appellant : Ms. Aashaa Tiwari, APP for State.
For the Respondent:Mr. Himanshu Gupta, Advocate.

JUDGMENT :

SANGITA DHINGRA SEHGAL, J.

1. Present leave to appeal petition has been filed by the State under Section 378 of the Code of Criminal Procedure against the judgment dated 10.12.2014 passed by the Additional Sessions Judge–FTC–2 (Central), Tis Hazari Court, Delhi in Sessions Case No. 05/2013, whereby the respondent was acquitted of the charges framed under Sections 376 (2) (g)/342 of the Indian Penal Code and under Section 506 read with Section 34 of the Indian Penal Code.

2. The brief facts of this case, as noticed by the learned Trial Court are as under :

“1. The case in hand has been registered on the basis of statement dated 18.08.2011 made by the Prosecutrix ‘p’ (name withheld in order to protect her identity) wherein she has stated that she is a permanent resident of Balampur District, Sant Kabir Nagar, UP and had studied up to Class VII. She also stated that her family comprises of her mother and brother Mithilesh, who used to work a Mason at Delhi for the last 4-5 years. She further stated in her complaint that about one year back her brother had brought her to Delhi and got her employed at the residence of accused Laxman Prasad Rai at E-367-B, Part-I, Delhi at a month














































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