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2017 Supreme(Del) 920

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


Advocates Appeared:
For the Appellant : Ms. Rajni Gupta
For the Respondent: Mr. Tarun Khanna, Ms. Saahila Lamba

JUDGMENT :

Mukta Gupta, J.

1. The respondent was tried for offences punishable under Sections 366/342 IPC and Section 6 of the Protection of Children from Sexual Offence Act, 2012 (in short ‘POCSO Act’) and acquitted vide impugned judgment dated 21st November, 2014. Hence the present appeal by the State after leave to appeal was granted.

2. In her deposition before the Court the child victim PW-1 stated:-

“On 13.01.2013 again said 23.01.2013, I was going alone at around 5.00 p.m. to my maternal grandmother’s house, which is at the distance of two streets away from my house. Accused met me at the corner of the street. My father was not at home on that day and he was on his duty. Accused told me that he will take me to my father. Thereafter accused took me to his house. No one was present at the house of accused. At the house accused told me that he had taken a photograph of my mother while she was taking bath. Accused kept me at his house for two days and thereafter he left me in Shukra Bazar. Accused told me while leaving me at Shukra Bazar that this fact should not be told to the police, otherwise, he will again kidnap me. From Shukra Bazar, I came to my house with some unknown person





















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