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DELHI HIGH COURT
VIPIN SANGHI, P.S.TEJI
State – Appellant
Versus
Bittu Mandal – Respondent


JUDGMENT

Vipin Sanghi, J. The State has preferred the present appeal upon grant of leave to assail the Judgment rendered by the Ld. ASJ-01, South East District, New Delhi in Sessions Case No. 29/13 arising out of FIR No. 410/11 registered at PS Kalkaji, under sections 376/363 IPC titled State Vs. Bittu Mandal. By the impugned judgment the Ld. ASJ has acquitted the accused/respondent of the charge.

2. The background facts of the present case have been taken note of in the judgment. We reproduce the same as under:

    1. The facts of the case as per the final report are that on 09.11.2011 at about 11.37 AM an information on telephone was received by the police that one girl aged 11-12 years is saying that some boys has made wrong act with her. The information was entered in the register at serial no. 11A and inquiry was given to WSI Kusum Dangi who along with W/Ct. Seema reached to the place of occurrence where she met the victim (name is withheld as per law) who stated that she is 11 years old and is student of 4th class and is eldest to her one brother and one sister. She stated that when she was coming from her school on 03.11.2011 one boy named Bittu, who was known to her earlier a

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