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2021 Supreme(Del) 914

MANOJ KUMAR OHRI
Ram Udagar Mahto – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Arvind Kumar Gupta, Advocate, with Mr. Rishi Bhardwaj, Advocate, Mr. Vikas Pahwa, Sr. Advocate, (Amicus Curiae) with Ms. Raavi Sharma, Advocate, for the Appellant; Ms. Radhika Kolluru, APP for State with SI Jay Kishan, P.S. Saket, for the Respondent.

JUDGMENT

Manoj Kumar Ohri, J. - The present petition has been filed under Section 482 Cr.P.C. assailing the order dated 15.05.2019 passed by the learned Additional Sessions Judge-01 (South), Special Court (POCSO), Saket Courts, New Delhi in CIS/SC No. 7202/2016 arising out of FIR No. 220/2014 registered under Section 377 IPC and Sections 4/6 of the POCSO Act at P.S. Saket, Delhi.

2. The brief facts necessary for the disposal of the present petition are that on 28.03.2014, the complainant had sent her son, aged about 4 years, along with her driver Ram Avtar (the petitioner herein) to her parental house. On the next day, the child victim complained to his mother of pain in his rectum. On being asked by the complainant/mother, the child victim narrated that the petitioner had inserted his penis in the child's anus. After the arrival of complainant's brother from abroad, a police complaint was made. During investigation, the medical examination of the child victim as well as the petitioner was conducted and the MLCs prepared. The relevant samples, including blood samples of the petitioner and the child victim and the underwear of the child victim were seized by the Investigating Officer

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