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IN THE HIGH COURT OF DELHI AT NEW DELHI
Chandrasekharan Sudha, J
State – Appellant
Versus
Nitu Singh – Respondent
| Table of Content |
|---|
| 1. overview of prosecution facts and trial court acquittal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8 , 9 , 14 , 15 , 16) |
| 2. appellate court power to review acquittals and double presumption. (Para 7 , 17 , 18) |
| 3. summary of rival arguments regarding judgment validity. (Para 10 , 11) |
| 4. analysis of offenses and evidentiary applicability of ipc/pocso. (Para 19 , 20 , 21 , 22) |
| 5. limitations on convicting for non-charged minor offenses via section 222 cr.p.c. (Para 23 , 24) |
| 6. formal dismissal of the appeal due to lack of merit. (Para 25 , 26) |
JUDGMENT
CHANDRASEKHARAN SUDHA, J.
1. In this appeal filed under Section 378(1)(b) of the Code of Criminal Procedure, 1973, (the Cr.P.C.), the State in Sessions Case No. 81 of 2013 on the file of the Additional Sessions Judge- 01, New Delhi District, Patiala House Courts, New Delhi, assails the judgment dated 29.01.2015 as per which the sole accused has been acquitted of the offences punishable under Sections 354A ,
354D of the Indian Penal Code, 1860 (the IPC) and Section 12 of the Protection of Children from Sexual Offences, 2012 (the PoCSO Act).
2. The prosecution case is that on 20.03.2013, at about 10:00 PM at 572D, Naraina Village, New
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