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2023 Supreme(Del) 4809

VIKAS MAHAJAN
Shubham Pal – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr. Surinder Singh, Advocate, for the Petitioner.
Mr. Hemant Mehla, APP for State with SI Manju, PS. Moti Nagar. Ms. Kamna, Ms. Dipika Saxena, Ms. Bindita Chaturvedi, Mr. Deepanshu Dudeja and Mr. Suraj Singh, Advocates for victim.

JUDGMENT

Vikas Mahajan, J.

1. The present application has been filed under Section 439 CrPC seeking regular bail in FIR No. 474/2022 under Sections 363/376 IPC and Section 4 of POCSO Act, registered at Police Station Moti Nagar, New Delhi.

2. The FIR was registered on the complaint made by the mother of the prosecutrix alleging that her younger daughter along with the prosecutrix (elder daughter), who was then aged about 15 years, had gone out of the house to buy ice cream. At that time, the petitioner who lives in the neighbourhood came on a motorcycle and coaxed the prosecutrix to sit on his motorcycle and thereafter, the petitioner ran away with the prosecutrix.

3. Vide order dated 25.04.2023, this Court directed the learned Trial Court to examine the prosecutrix and the testimony of the prosecutrix was accordingly recorded on 02.05.2023 and 02.06.2023. A copy of the testimony of the prosecutrix has now been filed.

4. The learned counsel for the petitioner submits that the prosecutrix in her testimony has not supported the case of the prosecution. He further submits that from the testimony of the prosecutrix it can be inferred that the petitioner and the prosecutrix were in

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