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2019 Supreme(Del) 859

SANGITA DHINGRA SEHGAL
State (Govt of Nct Of Delhi) – Appellant
Versus
Shankar Kamat – Respondent


Advocates Appeared:
Tarang Srivastava, Adv.

JUDGMENT :

Sangita Dhingra Sehgal, J.

Crl. L. P. 337/2018

1. By the present Leave Petition filed under Section 378 (1) of the Code of Criminal Procedure (hereinafter referred as 'Cr.P.C.') the State seeks leave to appeal against the judgment dated 09.03.2018 passed by the learned Additional Session Judge-01, Special Court (POCSO) South East District, Saket Courts Complex, New Delhi, whereby the respondent (accused before the Trial Court) was acquitted of the charge punishable under Section 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO').

2. Brief facts of the case are as under:-

"(i) That DD No. 39-A was registered at Police Station New Friends Colony on 21.05.2014, in receipt of the information that a minor girl, Baby 'A' aged about 9 years has been sexually assaulted, the said DD was marked to SI Seema(PW-6) and accordingly SI Seema along with ASI Shivraj arrived at the spot. The statement of the victim was recorded by SI Seema wherein she stated that on 21.05.2014, at about 12:00 pm, accused Shankar Kamat called her to his jhuggi, lifted her frock and sucked her breast. Consequently, she requested the accused to leave her, but despite h




































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