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2023 Supreme(Del) 112

AMIT SHARMA
Rohit Srivastava – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates Appeared:
For the Petitioner: Mr. Lokesh Kumar Mishra, Mr. Nadeem Ahmad.
For the Respondent: Mr. Aman Usman, Mr. Hemant Singh, Ms. Ruchika Sharma, Adv. alongwith complainant in person.

JUDGMENT ;

[Amit Sharma J.]

1. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) seeks grant of regular bail in case FIR No. 71/2019, under Sections 376/377/328/506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO').

2. The present case was registered on 17.02.2019, on the complaint of the prosecutrix, wherein it was alleged that the prosecutrix, an eight-year-old minor, was sexually assaulted by the applicant on various occasions.

3. The facts of the present case, as stated in the status report, authored by Inspector Sanjay Neolia, SHO, P.S. New Ashok Nagar, dated 26.08.2022, are as under:

    "I. That the brief facts of the case are that on 17.02.19, DD No 19A regarding sexual assault with minor girl was received in Police Station, on which SI Seema Bhati reached at spot i.e H.No. B- 1/302, Gaii No. 1, New Ashok Nagar, Delhi where victim along with her parents met her. Medical examination of victim was conducted at LBS Hospital on 17.2.19 vide MLC No. 75/19. Statement of victim was recorded in whi

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