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2023 Supreme(Del) 5761

SUDHIR KUMAR JAIN
State – Appellant
Versus
Liyakat Ali – Respondent


Advocates appeared:
Mr. Yudhvir Singh Chauhan, APP for the State SI Hemant PS Sultan Puri, for the Appellant; Mr. Rajesh Mahajan, (DHCLSC) and Mr. R.K. Bora, Advocate with R-1 and 2 in person, for teh Respondent.

JUDGMENT

Sudhir Kumar Jain, J. - The present appeal is filed under article 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") to impugn judgment dated 08.03.19 (hereinafter referred to as "the impugned judgment") passed by the court of Sh. Amit Kumar, Additional Sessions Judge (Special Court, POCSO ACT), North West, Rohini Courts, Delhi (hereinafter referred to as "the trial court") in Sessions Case no.157/2015 arising out of FIR no 1134/2014 registered under sections 354/323/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and under section 8 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") at P.S. Sultan Puri.

2. The factual background of the case is that FIR bearing no 1134/2014 dated 05.10.2014 was got registered under sections 354/323/506/34 IPC and under section 8 of POCSO Act on the basis of the complaint made by father of the victim (hereinafter referred as "the complainant"). The complainant on 05.10.2014 along with prosecutrix/victim (hereinafter referred to as "Victim") came to PS Sulatn Puri and met ASI Rajender Singh Tomar who recorded statement of the complainant. T

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