Siddharth Mridul, J. (Oral):--

Crl. M.A. 395/2015 (Exemption)

The exemption is granted subject to all just exceptions.

The application is disposed of accordingly.

Crl. Rev.P.19/2015

1. The present is a Revision Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) assailing the order dated 22.09.2014 passed by Shri Rajneesh Gupta, ASJ-01, Tis Hazari Courts, Delhi whereby the respondents/accused persons have been discharged in FIR No. 263/2013, Police Station Uttam Nagar, under Sections 363/368/120-B IPC.

2. On 21.05.2013 on the complaint of Smt. Dhanesh Devi, mother of the prosecutrix, the aforesaid FIR was registered. After completion of the investigation the Investigating Officer filed charge sheet against the respondents. Thereafter, upon hearing the arguments on charge, the impugned order dated 22.09.2014 has been passed.

3. According to the counsel for the State, the learned Additional Sessions Judge has failed to appreciate that the prosecutrix was 13 years of age at the time of the incident/offence and that, therefore, her consent was immaterial.

4. In the present case, it is observed that as recorded by the learned Trial Judge the prosecutrix in her