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2017 Supreme(Del) 723

MUKTA GUPTA
Shyam Kumar – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shivam Chowdhary
For the Respondent: Ms. Rajni Gupta

JUDGMENT :

Mukta Gupta, J.

1. By the present revision petition, the Petitioner seeks setting aside of the order dated 1st March, 2016 passed by the learned Additional Sessions Judge framing charge against the Petitioner under Sections 363/366A IPC, Section 109 IPC read with Section 376D IPC and Section 17 read with Section 6 of Protection of Children against Sexual Offences Act, 2012 (in short 'POCSO Act'). The prosecution case springs out of FIR No. 78/2015 registered at PS Uttam Nagar under Section 363 IPC lodged by the mother of the prosecutrix.

2. After the prosecutrix was recovered, her statement was recorded under Section 164 Cr.P.C. wherein she stated:-

"I like a boy named Shyam Kumar who has a fracture on his right leg and cannot walk properly. Earlier also, I had gone to his house four times but there was no physical relation between us.

Yesterday, on 17th January, 2015 at 7:30 A.M., I bunked my school and went to Shyam's house. When I told Shyam that I do not want to stay in my house, he said that I can stay in his house. Shyam's mother also admires me. Shyam called up Guddu, who is his friend, and told him that they need a place to stay at night. Till 7:30 P.M., we stayed at

































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