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1. The brief facts of the prosecution case are that on 04.07.14, DD no.

55B was received at police station SP Badli about the rape of a girl aged 14-15 years by her father and on receipt of the said DD, WSI Manju alongwith Ct. Sachin reached at Badli Industrial Area, Gate no. 4, near Prakash General Store, where at house no. N 43/59, Badli Industrial Area, Delhi, Complainant P (identity withheld) alongwith her mother Meena were found. Seeing the situation at the spot, she brought the prosecutrix and her mother to the police station while leaving the accused in the custody of Ct. Sachin. The prosecutrix was got counselled through Ms. Najma State V Rakesh SC no.141/14:FIR no.701/14:PS SP Badli: u/s.376/506 IPC & 4/6 POCSO Act Page no.1 of 8 Contd./-

2. On 22.06.14, when she was tired and was sleeping, she suddenly felt some push and she woke up and saw that her father was removing her clothes and when she questioned him about the same, her father threatened her to kill her brothers and sisters if she raised alarm. It is further stated that he laid down on her and put his urinating part into her urinating part. She felt pain and when she tried to raise alarm, her father gagged her mouth with his hand. Thereafter, her father was continuously threatening her that if she told this fact to her mother, he would push her mother out of the house and would kill all of them. After many days, when her mother came back, she narrated the whole incident to her and her mother told to her mother. Her maternal grand mother called the NGO, who came to their house and they told her about the said incident. The police came to their house and her statement was recorded in the State V Rakesh SC no.141/14:FIR no.701/14:PS SP Badli: u/s.376/506 IPC & 4/6 POCSO Act Page no.2 of 8 Contd./-

5. Later after completion of investigation IO filed charge sheet qua accused persons u/s.376/506 IPC & 4/6 POCSO Act and accused was put to trial.

6. Ld MM after compliance of provision u/s 207 Cr.P.C committed the case to Sessions Court through Ld District Judge, which was assigned to this court.

7. Thereafter, vide order dated 01.09.14, charge for the offence u/s. 4 POCSO Act and in alternative u/s. 376(1) IPC and further u/s 506 IPC, was framed against the accused, to which he pleaded not guilty and claimed trial.

16. Since she was also resiling from her earlier statement she was cross examined by ld. Addl.PP where she denied that prosecutrix P told her that her father i.e. Rakesh had committed wrong act with her. She also denied having narrated the said incident to an NGO official. She was read over her statement Ex. Pw 3/A which she completely denied and also denied having called the police or having made any such statement to the State V Rakesh SC no.141/14:FIR no.701/14:PS SP Badli: u/s.376/506 IPC & 4/6 POCSO Act Page no.6 of 8 Contd./-