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2020 Supreme(Del) 243

SIDDHARTH MRIDUL, I.S.MEHTA
STATE (Govt. of NCT of Delhi) – Appellant
Versus
Arif – Respondent


Advocate Appeared:
For the Appellant : Mr. Ashish Dutta, APP.
For the Respondent:Mr. Harsh Prabhakar, Amicus Curiae with Mr. Dhruv Chaudhary, Advocates.

JUDGEMENT :

I.S. Mehta, J.

1. Instant appeal is arising from the Judgment dated 02.08.2018 passed by the learned Additional Sessions Judge, (North-West)-01 Special Court, POCSO, Rohini, District Courts, Delhi in Sessions Case No. 124/15 arising out of FIR No. 538/15 registered under Sections 354A/354D/376/384 IPC and Section 4 POCSO Act at PS Sultan Puri, Delhi whereby the respondent/accused was acquitted from the charges leveled against him.

2. Brief facts stated are that on 08.06.2015, PW6 W/ASI Sajni received information through wireless from SHO PS Sultan Puri of sexual assault on minor girl, on receiving said information, PW6 alongwith NGO Counselor reached to PS Sultan Puri and made preliminary inquiry from PW3 prosecutrix 'E' and her mother PW10. Thereafter, PW6 got prosecutrix 'E' counseled and her statement (rukka) Ex.PW3/A was got recorded and W/ASI Sajni sent prosecutrix to SGM Hospital alongwith her mother and Lady Ct. Manju for conducting her medical examination vide MLC Ex.PW3/B and thereafter FIR No. 538/15 was got registered under Sections 354A/354D/376/384 IPC and Section 4 POCSO Act at PS Sultan Puri, Delhi on basis of said statement. Statement Ex.PW3/A is reproduced

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