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2020 Supreme(Del) 292

MANOJ KUMAR OHRI
Abhishek @ Sonu – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner:Mr. Ramesh Gupta, Sr. Advocate with Mr. Jitender Tyagi and Ms. Ananya Roy, Advocates
For the Respondent: Dr. M.P. Singh, APP. for State

JUDGMENT :

Manoj Kumar Ohri, J.

1. The present revision petition has been filed assailing the order dated 11.07.2019 passed by the Addl. Sessions Judge in FIR No.465/2013, registered under Sections 363/376 IPC & Section 4 of POCSO Act at Police Station Dabri, Delhi. Vide impugned order, the Trial Court has directed that the petitioner’s ossification test be conducted by a duly constituted medical board.

2. Learned Senior Counsel for the petitioner submitted that the present FIR was registered on 23.08.2013 on the basis of the statement of the complainant with respect to an incident dated 22.08.2013. It was stated by the prosecutrix that when she left her house to buy sweets for her aunt, the petitioner, who was already known to her, met her at the sweet shop. The petitioner forcibly took her to his flat and committed rape upon her.

3. Learned Senior Counsel for the petitioner submitted that on the date of the incident, the petitioner was a juvenile however, no investigation to this effect was carried out by the Investigating Officer.

4. During trial, the petitioner took the plea of juvenility on the basis of a birth certificate issued on 10.05.2019 by Nagar Nigam, Chhappra, Bihar and a

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