State of NCT of Delhi vs Dinesh @ Bala

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 5850

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State of NCT of Delhi – Appellant
Versus
Dinesh @ Bala – Respondent

Advocates appeared:
Mr. Tarang Srivastava learned APP for State with Insp. Sachin Mann and W/SI Sangeeta P.S. Shahbad Dairy.
Mr. Ritesh Patil, Mr. Surender Kumar and Mr. Pawan, Advocates for R-1.
Mr. Raj Kumar Chandiwal and Ms. Natasha Rani, Advocates for R-2.

JUDGMENT (Oral)

1. An application under Section 378 (iii) Cr.P.C has been filed on behalf of the State for seeking Leave to Appeal against the Order dated 15.09.2020 vide which the learned Addl. Sessions Judge-06, Special Court, POCSO, North, Rohini, while convicting the respondent/accused Dinesh @ Bala under Section 8 of POCSO Act and respondent/accused Imran under Section 8 read with section 17 of POCSO Act, acquitted respondent Dinesh @ Bala under Section 328/376D IPC and Section 6 of POCSO Act and respondent/accused Imran under Section 323/376 (D) IPC and Section 6 of POCSO Act.

2. The case of the prosecution is that a complaint was made by child victim `N' stating that on 11.03.2018 at about 11 A.M while was going to her tailor, the accused Imran who was known to her, met her and informed that her sister was being beaten up by her husband and that the victim should talk to her sister on telephone. While talking, Imran pushed her inside the room belonging to the uncle of co-accused Dinesh @ Bala, who was already present inside the room. Imran bolted the door from outside and left. Accused Bala gagged her mouth. The other accused Imran returned to the room with a cold drink which

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