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2019 Supreme(Del) 519

MANMOHAN, SANGITA DHINGRA SEHGAL
State – Appellant
Versus
Sanjay – Respondent


Advocates:
Advocate Appeared:
Aashaa Tiwari, Adv.

JUDGMENT :

Sangita Dhingra Sehgal, J.

The present leave petition has been filed under Section 378(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as 'Cr.P.C') challenging the judgment dated 24.03.2018 passed by the learned Additional Sessions Judge, Special Courts (POCSO), North West, Rohini Courts, New Delhi, acquitting the respondent-accused in FIR No. 458/2014 registered with Police Station, South Rohini under Sections 376(2)(i)(l) & (n) of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 6 of POCSO Act.

2. Brief facts of the case, as noticed by the learned Trial Court, are as under:-

"On 10.06.2014, victim N was sleeping in the jhuggi at about 2:00 pm. The complainant came out of the jhuggi to go for bathroom and her younger sister M was playing outside the jhuggi. She went in the jhuggi to sleep and immediately came out and told the complainant that Sanjay Chacha (accused) is doing something with victim. She entered the jhuggi and saw victim lying on the bed and her pajama was removed. The accused had opened the zip of his pant and he was holding the legs of the victim and was inserting his sus wali jagah in the susu wali jagah of the vic


































































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