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IN THE HIGH COURT OF DELHI AT NEW DELHI
DR. SWARANA KANTA SHARMA, J
AMIT RAJAK – Appellant
Versus
THE STATE OF NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. initial facts outlining the case and offenses. (Para 2 , 4) |
| 2. background of alleged sexual offences against a minor. (Para 3) |
| 3. assessment of ccl's mental capacity and implications. (Para 8 , 10 , 21) |
| 4. court assessments of juvenile's mental state and judicial reasoning. (Para 11) |
| 5. arguments regarding mental capacity and understanding of consequences. (Para 12) |
| 6. nature of victim's testimony and implications on understanding. (Para 20 , 24 , 25) |
2. Vide the impugned order, the order dated 12.04.2022, passed by the learned Principal Magistrate, JJB-IV, East District, Vishwas Nagar, Delhi [hereafter ‘Magistrate’] had been upheld.
3. The FIR in this case was registered on the complaint of ‘S’ i.e. mother of the victim, who alleged that her minor daughter ‘K’, aged about six years, used to take tuition from the accused Amit (CCL) for the last three months. It was alleged that on 06.04.2021, her daughter had informed her that during tuition classes, the accused used to kiss her on her vagina after removing her undergarments. It was further alleged that CCL used to put his private part in the mouth of the victim. As alleged, when the victim would object or cry, the accu
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