P.B. vs State ( Govt Of Nct Of Delhi) & Anr on 12 April, 2017

Mr. Muhammad Arif, Adv. for
R-2.

CORAM:
HON’BLE MS. JUSTICE MUKTA GUPTA

1. Aggrieved by the order dated 19th October, 2015 dismissing the
application of the petitioner seeking cancellation of bail of the respondent
No.2, the petitioner prefers the present petition. The name of the petitioner
has been changed in the cause title to conceal the identity of the petitioner.
2. FIR No.252/2014 was registered on the complaint of the petitioner for
offences punishable under Section 376 IPC and Section 4 of the Protection
of Children from Sexual Offences Act (In short the POCSO Act). The
petitioner alleged that she was staying on rent with her mother for the last

CRL.M.C. 1143/2016 Page 1 of 11
two years and studying in 10th standard. On 28th February, 2014 while going
to the School she was standing at Kondli Mode when at around 11.00 AM
the respondent No.2 whom she knew earlier came on a motorcycle and stated
that he would drop her at the school. Influenced by his words she sat on the
motorcycle, however on reaching the school he did not drop her and did not
even pay heed to her words that he should stop the motorcycle. The
respondent No.2 threatened her to remain seated on the motorcycle otherwise
the petitioner would face consequences. The respondent No.2 took the
motorcycle to a room near Chilla Regulator where he committed rape on her.
After committing rape he dropped her at her school at around 3.00 PM. Due
to fear she did not tell the facts to her mother and later revealed the facts
where after the FIR was registered on 4th March, 2015. The respondent No.2
was arrested and was sent to judicial custody on 6th March, 2014.

Source: Indian Kanoon

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