SWARANA KANTA SHARMA
State (NCT of Delhi) – Appellant
Versus
Vipin Sharma – Respondent
JUDGMENT
Swarana Kanta Sharma, J.
1. The present petition has been filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973, by the petitioner/State assailing the order dated 26.10.2017 passed by learned Additional Sessions Judge-01, East District, Karkardooma Courts, Delhi ('Trial Court') whereby respondent has been discharged for the offences punishable under Sections 363/376 of Indian Penal Code, 1860 ('IPC') and Section 4 of Prevention of Children from Sexual Offences, Act, 2012 ('POCSO Act'), in case FIR bearing no. 366/2017 registered at Police Station Mandawali, Delhi.
2. The prosecution case, in brief, is that the victim, aged about 14 years, had gone missing from her house on 16.08.2017. On the basis of missing complaint lodged by the victim's father, present FIR was initially registered under Section 363 of IPC on 17.08.2017. The victim, however, herself came to the police station on 20.08.2017 and informed the Investigating Officer (IO) that she had developed liking for the respondent/accused and on 16.08.2017, she had left with him on the pretext that she was going to her relative's house, but she had stayed with the accused in the house of
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