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2018 Supreme(Del) 1890

GITA MITTAL, ANU MALHOTRA
Court On Its Own Motion – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Dayan Krishanan, Sr. Adv. and Mr. Trideep Pais, Adv. (Amici Curiae) with Ms. Aakashi Lodha, Mr. Sanjeevi Seshadri and Mr. Pranav Jain, Ms. Manvi Priya and Ms. Vrinda Bhandari, Advs.
For the Respondent: Ms. Aashaa Tiwari, APP.

JUDGMENT :

GITA MITTAL, J.

1. The following reference dated 6th October, 2016 has been received from Shri Vishal Singh, Principal Magistrate, Juvenile Justice Board-I, Sewa Kutir Complex, Kingsway Camp, Delhi. Inasmuch as the issues which require to be considered are succinctly set out therein, we extract the reference made by the ld. Judge under Section 395(2) of the Code of Criminal Procedure, 1973 in extenso which reads as follows :

“(1) This Board seeks the kind attention of Hon’ble High Court of Delhi towards the practice adopted by Delhi Police and other connected Institutions in the investigation of cases of rape and sexual assault on women and children.

(2) Juvenile Justice Board conducts inquiry into the offences committed by children in conflict with law in accordance with the procedure laid down in Juvenile Justice (Care and Protection of Children) Act, 2015. While conducting inquiry into offence of sexual assault in case FIR No.621/16, PS Rajouri Garden, U/s. 323/3545B/506/376(D) IPC, this Board noticed that FIR was registered on 20/06/2016 on the basis of statement of victim Ms. ‘N’. Thereafter, IO got the statement of victim Ms. ‘N’ recorded U/s. 164 CrPC by Ld. MM on 23/




































































































































































































































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