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2021 Supreme(Del) 287

SURESH KUMAR KAIT
Arun – Appellant
Versus
State GNCT Of Delhi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amit Gupta, Advocate
For the Respondent: Mr. G.M Farooqui, Additional Public Prosecutor for State & SI Khushbu with victim/complainant (prosecutrix)

JUDGMENT :

1. Petitioner is accused of committing offences under Sections 370/376/342/366A/34 IPC and Section 6 of Prevention of Children from Sexual Offence Act, 2012 in FIR No. 290/2012, registered at police station Kalyanpuri, Delhi. He was arrested on 20.09.2020 in this FIR case.

2. On 16.07.2020, a complaint was received at police station by ASI Virender Singh from mother of the victim that on 12.07.2020 her daughter had gone missing. Thereafter, on 04.09.2020 the mother came to the police station with her daughter/prosecutrix, whose medical examination was conducted vide MLC No. 300/2020 on the same day. Thereafter, on 04.09.2020 itself, the prosecutrix was produced before the court of learned Metropolitan Magistrate where her statement under Section 164 Cr.P.C. was recorded.

3. In her statement, the prosecutrix stated that on 12.07.2020 she had gone to Jalebi Chowk, Kalyanpuri to buy chowmin and was standing near the vegetable seller, when Akash came and told her that his wife was calling her and so she went with him. He took her to a house in Sector 11, Noida where one Arun (petitioner herein) was living along with his father, two married sisters and their husbands. She was co

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