Document Fragment View

Matching Fragments

3. The name, age and particulars of the prosecutrix are mentioned in the file and are withheld to protect her identity and she is hereinafter addressed as Ms.X, a fictitious identity given to her. Fictitious New Sessions Case Number : 475/2017.

Old Sessions Case Number : 175/2017.

First Information Report Number : 227/2017. Police Station : Kirti Nagar.

Under sections 363/366 /376 of the Indian Penal Code and under section 6 of the POCSO Act.

State versus Mr.Lalu Kumar. -:: Page 12 of 12 ::-

First Information Report Number : 227/2017. Police Station : Kirti Nagar.

Under sections 363/366 /376 of the Indian Penal Code and under section 6 of the POCSO Act.

State versus Mr.Lalu Kumar. -:: Page 12 of 12 ::-

­::12::­

8. The prosecutrix Ms.X as PW1 has seen accused Mr.Lalu Kumar from behind the screen and she has identified the accused, as Lalu Kumar. She has deposed that "The incident took place on 17.07.2017. On that day at about 7.00 am I left my house for going to school. Instead of going to my school, I went to a park situated in Kirti Nagar. I made a call on the mobile phone of accused Lalu. I know accused Lalu as at that time he was working in a company located in front of my house. I took the phone from an uncle in the park and then made call to accused Lalu. After sometime accused Lalu came in the park and then we boarded a tempo and went to Anand Vihar railway station. Then we boarded a train for Bhagalpur, Bihar. Accused Lalu took me in a hotel at Bhagalpur. It took us 3 days in train for reaching to Bhagalpur. After about 10 minutes of our reaching in the hotel, police officials from Delhi came there. Police took me and accused Lalu to local PS at Bhagalpur. We were kept for one night in the PS at Bhagalpur then we were taken to the Court. Police produced the accused and myself in the court at Bhagalpur. We stayed for one night in a hotel at Bhagalpur and then alongwith police boarded a train for Delhi. We were brought to PS Kirti Nagar. I was taken to a hospital for my medical examination".

New Sessions Case Number : 475/2017.

Old Sessions Case Number : 175/2017.

First Information Report Number : 227/2017. Police Station : Kirti Nagar.

Under sections 363/366 /376 of the Indian Penal Code and under section 6 of the POCSO Act.

State versus Mr.Lalu Kumar. -:: Page 12 of 12 ::-

­::12::­
9. As the prosecutrix Ms.X (PW1) was hostile and had retracted from her earlier statement, the Additional Public Prosecutor has cross-

26.Therefore, in view of above discussion, the conscience of this Court New Sessions Case Number : 475/2017.

Old Sessions Case Number : 175/2017.

First Information Report Number : 227/2017. Police Station : Kirti Nagar.

Under sections 363/366 /376 of the Indian Penal Code and under section 6 of the POCSO Act.

State versus Mr.Lalu Kumar. -:: Page 12 of 12 ::-

­::12::­ is completely satisfied that the prosecution has failed to bring home the charge against accused Mr. Lalu Kumar for the offences under sections 363/366 of the IPC, under section 6 of the POCSO Act and under section 376 (2) (n) of the IPC.