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2023 Supreme(Del) 5380

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State NCT of Delhi – Appellant
Versus
Devender – Respondent


Advocates appeared:
Ms.Manjeet Arya, Additional Public Prosecutor, for State.
In person with Mr. Ashok Chaparia, Advocate, for the Respondent.

JUDGMENT

Suresh Kumar Kait, J.

1. The present appeal under provisions of Section 378 Cr.P.C. has been preferred by the State, NCT of Delhi challenging the order dated 20.11.2010 passed by the learned Court of Sessions in FIR No. 374/2003, registered at police station Khajuri Khas, Delhi for the offence under Sections 376/376(g)/323/354/452/506/34 IPC. By the impugned order dated 20.11.2010, the respondents have been acquitted for the aforesaid offences charged with, which is challenged in the present appeal.

2. The facts of the present case, as spelt out in the impugned judgment, are that on 18.11.2003 upon receipt of information, the Investigation Officer reached GTB Hospital where the complainant/prosecutrix stated that she was living with her parents and doing stitching work and had left her studies 5-6 months ago. She stated that she used to study in nearby school in front of Police Station Khajuri Khas. Accused Kuldeep, Mamta and Shikha used to live in her neighbourhood and they used to visit her house. Accused Kuldeep used to do `galat kam' with her whenever there was no one in her house. She stated that she was living with her parents and two younger brothers. On 06.10.2003, he

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