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2023 Supreme(Del) 3721

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State – Appellant
Versus
Basir Ahmad – Respondent


Advocates appeared:
Mr. Tarang Srivastava, APP for State with Insp. Sumit Kumar, PS Moti Nagar, Delhi.
None, for the Respondent.

JUDGMENT (Oral)

1. This Criminal Leave to Appeal under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as `CrPC') has been filed by the State against the impugned Judgment dated 18.07.2020 acquitting the respondent for the offences under Sections 363/376/506 of the Indian Penal Code, 1860 (hereinafter referred to as `IPC') and Section 4 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as `POCSO Act').

2. The case of the prosecution was that on 13.02.2014, a complaint was made by Bhabhi of `Ms.X', the prosecutrix that she was missing from the house since 13.02.2014 and had failed to return. During investigation, brother of the prosecutrix informed that the prosecutrix was present at the House No. 32A, Gali No. 3, Nehru Nagar, Anand Parbat. On this information, the Investigating Officer along with brother went to the said house and recovered the prosecutrix. Her statement was recorded and the offence under Section 376 IPC was added in the FIR already registered under Section 363 IPC. After investigation, the charge sheet was filed under Sections 363, 376 and 506 IPC and Section 4 of the POCSO Act.

3. Charges agai

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