JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (`Cr.P.C') has been filed on behalf of petitioner seeking setting aside of impugned order dated 11.08.2023, passed by learned Additional Sessions Judge (POCSO), North, Rohini Courts, New Delhi (`Trial Court'), in case arising out of FIR bearing no. 396/2017, registered at Police Station Bhalswa Dairy, Delhi for offences punishable under Sections 376/451/506 of the Indian Penal Code, 1860 (`IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (`POCSO Act').

2. Briefly stated, the facts of the case are that the present FIR was registered on the complaint of the victim,aged about 13 years, who had stated that on 03.07.2017, when she was alone at her house, the accused had entered the house at about 9:00 PM and had closed the door. It was alleged that thereafter, he had pressed her mouth and switched off the lights and had forcibly taken off her clothes and had committed rape upon her. Thereafter, he had run away from the spot. He had also threatened to kill her in case she will disclose the same to her father. The victim di