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DELHI HIGH COURT
S.P.GARG
Megh Nath Kumar – Appellant
Versus
State (GNCT of Delhi) – Respondent
JUDGMENT
S.P.Garg, J.
1. The appellant-Megh Nath Kumar impugns his conviction and sentence in Sessions Case No.37/2008 arising out of FIR No.90/2007 Police Station S.P.Badli by which he was held guilty under Section 342/376 (2) (f) IPC and sentenced to undergo RI for one year under Section 342 IPC and RI for ten years with fine Rs. 5,000/- under Section 376 (2) (f) IPC.
2. Daily Diary (DD) No.82B was recorded at PS S.P.Badli on 25.01.2007 at about 08.35 P.M. on getting information that at Rajeev Nagar, Gali No.4 near Kabir Mandir a boy had attempted to sexually assault (galat kaam) a girl aged 5 or 6 years. The investigation was assigned to ASI Jai Prakash who with Const.Subhash reached the spot. SI Mohd. Navi took over the investigation and recorded statement of Roop Kanti Devi, victim's mother who disclosed that on 22.01.2007 at about 07.00 P.M. her daughter 'X' (assumed name) aged 6 years was taken away by Megh Nath Kumar to his room on the pretext to give her toffee. When she went to the room after some time, the door of the room was close. She opened the door and found 'X' present in the room. Her daughter's pajami was removed up to her knees. When she objected, Megh Nath
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