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2022 Supreme(Del) 1215

ANOOP KUMAR MENDIRATTA
"v" (identity Masked) – Appellant
Versus
State NCT Of Delhi And Another – Respondent


Advocates appeared:
Mr. Manoj D. Taneja & Dhruv Bhagat, Advocates, for the Petitioner; Mr. Aman Usman, APP with SI Deepali Chhabra, P.S. Janak Puri & Complainant in person, for the State

JUDGMENT

Anoop Kumar Mendiratta, J. - Petitioner has preferred an application under section 438 Cr.P.C. read with Section 482/483 Cr.P.C. for grant of anticipatory bail in FIR No. 619/2021 dated 24.12.2021, under Section 377 IPC and Section 6 of POCSO Act registered at P.S. Janakpuri, New Delhi. During the course of investigation, Section 376AB IPC has also been invoked in the proceedings.

2. In brief, as per the case of the prosecution, on 23.12.2021, PCR call vide DD no. 67A was received at PS Janakpuri, New Delhi wherein it was recorded 'caller lady ke husband aur saas maarpeet kar rahe hain aur inki beti ke saath bhi galat kam karne kii koshish ki hain'. The call was marked to SI Rohtash who reached the spot, wherein it was revealed that complainant along with her daughter had gone to P.S. Janakpuri. The complainant (wife of the petitioner) alongwith her daughter aged 5 years (victim) reached the police station and filed a written complaint against the petitioner alleging that her husband had touched his penis with her daughter?s vagina and had asked her daughter to taste his penis. It is further the case of the complainant that petitioner forcefully made the victim taste his pen

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