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2021 Supreme(Del) 1452

SUBRAMONIUM PRASAD
Anil Kumar – Appellant
Versus
State – Respondent


Advocates appeared:
Mohit Mathur, Advocate, Vijay S Bishnoi, Advocate, Harsh Gautam, Advocate, Sanjeev Sabharwal, Advocate

JUDGMENT

Subramonium Prasad, J. - The petitioner seeks bail in FIR No. 558/2021 dated 30.08.2021 registered at Police Station Prashant Vihar for offences under Section 354, 354A IPC read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

2. The brief facts leading to the present case are as follows:-

    i. The FIR was registered on the complaint of the prosecutrix, who is 16 years of age. It is stated that the prosecutrix resides with her parents and she used to take Mathematics classes from the petitioner since 10th Standard. It is stated that she is now in 11th Standard and offline classes begun on 29.08.2021.

    ii. It is stated that on the first day of her offline class, the petitioner asked her to stay back to understand the concept taught on the previous day. He gave his notebook and went to take classes for 10th Standard. It is stated that when 10th Standard students left, the petitioner came to her to clear her doubts. He asked the prosecutrix about her 10th Standard marks and asked for a party.

    iii. It is stated that the petitioner told her that she is cute and hugged her and even pulled her cheek. It is stated that the prosecutrix thought that

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