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2022 Supreme(Del) 1695

SUBRAMONIUM PRASAD
Suraj – Appellant
Versus
State Of Delhi Nct – Respondent


Advocates appeared:
Adit S. Pujari, Advocate, Chaitanya Sundriyal, Advocate, Meenakshi Dahiya, Advocate

JUDGMENT

Subramonium Prasad, J. - This application has been filed under Section 439 Cr.P.C. read with Section 167 Cr.P.C. seeking bail in FIR No. 312/2021 dated 20.08.2021 registered at Police Station Kamla Market for offences under Sections 377/34 of the Indian Penal Code, 1860 (hereinafter, 'IPC') read with Section 6 of the Protection of Children from Sexual Offences act, 2012 (hereinafter, 'POCSO').

2. The facts, in brief, leading up to the filing of this petition are as follows:

    a) On 19.08.2021, a call was received by the mother of the victim child by one Kiran who worked at the Child Welfare Committee that her son (the victim child), aged 13 years, had been sexually assaulted by 2-3 boys in the neighbourhood. When the mother asked the son about the said sexual assault, he revealed to her that about 2-3 months ago, when he was at the park, one Rahul, a resident of G-Block Central Government Officers Residential Complex, tried to entice him.

    b) The son stated that this Rahul made him cut the wire of a cylinder kept in the basement of the parking lot and that this was seen by one Hanuman. He further stated that then one Ganesh and one Suraj (the Petitioner herein), found out about t

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