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2023 Supreme(Del) 3792

SUDHIR KUMAR JAIN
State (GNCT of Delhi) – Appellant
Versus
Rohit Kumar – Respondent


Advocates appeared:
Mr. Utkarsh, APP, for the State with SI Koyal, PS Mangolpuri.
Ms. Sunita Arora and Mr. Krishan Kumar, Advocates, for the Respondent.

JUDGMENT (Oral)

The present Revision Petition is filed under section 401 Cr.P.C. to impugn the order dated 29.07.2016 passed by the Court of Sh. Vinod Yadav, ASJ-01, North West District, Rohini Court, Delhi arising out of FIR bearing no. 1799/2015 titled as State V Rohit Kumar.

2. The charge sheet as per the mandate of section 173 Cr.P.C was filed after conclusion of investigation arising out of FIR bearing no. 1799/2015 registered under sections 363/366/366A/376 IPC & under section 4/6 POCSO Act, 2012 at PS Mangol Puri, Delhi on the basis of complaint made by "K". The complainant in the complaint dated 10.09.2015 stated that her daughter namely "R" stated to be aged about 16 years was found to be missing on 09.09.2015 at about 11:00am and appeared to have left the house without informing any other person. The complainant suspected the respondent as the person who has taken away "R". Thereafter, FIR bearing no. 1799/2015 under section 363 IPC was got registered.

3. During investigation it was revealed that "R" got married with the respondent on 12.09.2015 and had also refused to undergo medical examination. The statement of "R" was also recorded under section 164 Cr.P.C. wherein s

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