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DELHI HIGH COURT
COURT ON ITS OWN MOTION – Appellant
Versus
STATE – Respondent


Page 1 of 40

$~

*IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

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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