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2024 Supreme(Online)(DEL) 16263

HIGH COURT OF DELHI
MR. JUSTICE ANISH DAYA L, J
RUPI BABBAR – Appellant
Versus
STATE NCT OF DELHI – Respondent


Advocates:
Mr. Kapil Madan, Mr. Gurmukh Singh Arora & Mr. Vansh Bajaj, Advs.

JUDGMENT

ANISH DAYAL, J.

1. This petition has been filed under Section 482 , Code of Criminal Procedure, 1973 [“CrPC”] assailing order dated 02nd May 2024 [“impugned order”], passed by Additional Sessions Judge-01 (POCSO), North West/Rohini [“Ld. ASJ”], in case arising out of FIR No. 515/2021, registered at Police Station [“PS”] Maurya Enclave. By way of the impugned order, Ld. ASJ inter alia framed charges against the petitioner under Section 19(1) POCSO punishable under Section 21 POCSO.

2. The FIR was registered basis the complaint of the complainant/prosecutrix (daughter of the petitioner herein) who, at the time commission of the alleged offence, was a minor girl aged 16 years. The FIR was registered under Sections 354, 354A, 377, 323, and 376 of the Indian Penal Code, 1860 [“IPC”] and Sections 6 and 10 of the Protection of Children against Sexual Offences Act, 2012 [“POCSO”].

3. On an application dated 22nd August 2022 moved by counsel for accused, the mother of the prosecutrix i.e. petitioner Rupi Babbar was summoned to the Trial Court whereafter the impugned order was passed, framing charges under Section 21, POCSO against her for failure to report offences against her daugh

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