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DELHI HIGH COURT
JYOTI SINGH
Vikas – Appellant
Versus
State – Respondent


JUDGMENT

1. Present petition has been filed assailing the order dated 04.03.2020 passed by the Trial Court whereby the Petitioner's application for recall of the child victim `A' who testified as PW-1 was dismissed.

2. Briefly put the narrative of facts as averred in the petition are that on 25.12.2018 an FIR was registered under Sections 376, 342 IPC and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as `POCSO Act') for an alleged incident that occurred on 24.12.2018 between 3:00 pm to 4:00 pm. The allegations in the FIR were that the child victim `A' aged 6 years, after coming back from school was playing with her friend `B' when a person called Chhotu Bhaiyya, who was residing in the house of `B', took her to a room, in her Chachi's house and closed the room and disrobed himself. He then came near `A' and disrobed her and committed sexual assault. Friend `B' in the meantime knocked at the door and Chhotu Bhaiyya opened the door, upon which `A' ran out of the room towards the upper floor. Chhotu Bhaiyya told `A' to come down but `A' went to her mother and narrated the incident, who in turn told her husband and they then went to the P

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