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2019 Supreme(Del) 1342

SIDDHARTH MRIDUL, SANGITA DHINGRA SEHGAL
State (GNCT of Delhi) – Appellant
Versus
Vipin @ Lalla – Respondent


Advocates:
Advocate Appeared:
Piyush Phuja, Adv., Ravi Nayak, Adv.

JUDGMENT :

SANGITA DHINGRA SEHGAL, J.

1. By this petition under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter as 'Cr.P.C'), the State seeks leave to appeal against the judgment dated 28.03.2018 passed by the learned Special Court (POCSO ACT), ASJ-01, North East District, Karkardooma Courts Delhi in Session Case No. 44631/2015 in FIR No. 889/2014 registered at Police Station, New Usmanpur whereby the respondent Vipin @ Lalla was acquitted of the charges registered under Sections 363/366/342/376/506 of the Indian Penal Code, 1860 (hereinafter as 'IPC') and in the alternative under Section 4 of the POCSO Act.

2. Brief facts of the case as noted by the learned Trial Court are as under:

"(1) Brief facts of the prosecution case are that on 18.09.2014, on receipt of DD No.28A, SI Santosh went at the informed place i.e. X-125, Gali no.6, Brahampuri, New Usmanpur, Delhi. There she met ASI Mahender and Ct. Patil. Victim and her mother were also present. Victim alleged that she along with her family was residing as tenant on the ground floor of H.No.X-125, Gali no.6, Brahampuri, Delhi. On 16.09.2014 at about 12.30 p.m., she was returning home from her school. When she reache

























































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