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2017 Supreme(Del) 1138

MUKTA GUPTA
P. B. – Appellant
Versus
STATE (GOVT OF NCT OF DELHI) – Respondent


Advocates Appeared:
For the Petitioner: Ms. Manika Tripathy with Mr. Ashutosh Kaushik, Advs.
For the Respondents: Mr. Hirein Sharma, APP with Mr. Rahul Alwal, ACP/ Kalyanpuri, Insp. C.R. Meena, SHO/New Ashok Nagar and SI Neeraj Kumar, PS New Ashok Nagar, Mr. Muhammad Arif, Adv.

JUDGMENT :

1. Aggrieved by the order dated 19th October, 2015 dismissing the application of the petitioner seeking cancellation of bail of the respondent No.2, the petitioner prefers the present petition. The name of the petitioner has been changed in the cause title to conceal the identity of the petitioner.

2. FIR No.252/2014 was registered on the complaint of the petitioner for offences punishable under Section 376 IPC and Section 4 of the Protection of Children from Sexual Offences Act (In short the POCSO Act). The petitioner alleged that she was staying on rent with her mother for the last two years and studying in 10th standard. On 28th February, 2014 while going to the School she was standing at Kondli Mode when at around 11.00 AM the respondent No.2 whom she knew earlier came on a motorcycle and stated that he would drop her at the school. Influenced by his words she sat on the motorcycle, however on reaching the school he did not drop her and did not even pay heed to her words that he should stop the motorcycle. The respondent No.2 threatened her to remain seated on the motorcycle otherwise the petitioner would face consequences. The respondent No.2 took the motorcycle to a




























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