DELHI HIGH COURT
COURT ON ITS OWN MOTION – Appellant
Versus
STATE – Respondent
Page 1 of 40
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*IN THE HIGH COURT OF DELHI AT NEW DELHI
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CRL.REF.No.2/2016
COURT ON ITS OWN MOTION
..... Petitioner
Through:
Mr. Dayan Krishanan, Sr.
Adv. and Mr. Trideep Pais,
Adv. (Amici Curiae) with
Ms. Aakashi Lodha, Mr.
Sanjeevi Seshadri and Mr.
Pranav Jain, Ms. Manvi
Priya
and
Ms.
Vrinda
Bhandari, Advs.
versus
STATE
..... Respondent
Through:
Ms. Aashaa Tiwari, APP for
the State.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT
GITA MITTAL, ACTING CHIEF JUSTICE
1.
The following reference dated 6th October, 2016 has been
received from Shri Vishal Singh, Principal Magistrate, Juvenile
Justice Board-I, Sewa Kutir Complex, Kingsway Camp, Delhi.
Page 2 of 40
Inasmuch as the issues which require to be considered are
succinctly set out therein, we extract the reference made by the ld.
Judge under Section 395(2) of the Code of Criminal Procedure,
1973 in extenso which reads as follows :
case
FIR
No.621/16,
PS
Rajouri
Garden,
U/s.
323/3545B/506/376(D) IPC, this Board noticed that FIR
victim girl Ms. ‘N’ related to the incident of sexual assault.
In the cases of sexual assault on women a
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