ROCHISH MATHUR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This revision under Ss. 397/401 read with Sec. 482 of the Code of Criminal Procedure, 1973 is directed against the order on charge dtd. 11/2/2019 and consequent framing of charge dtd. 8/4/2019 against the petitioner, by the learned Additional Sessions Judge- 06 (East) Karkardooma Courts, Delhi in SC No.354/2017.

(2.) The learned Additional Sessions Judge, vide impugned order, while recording a prima facie finding, has framed charges against the petitioner for offences punishable under Sec. 10 read with Sec. 9 (l) (m) (n)/12 of Protection of Children from Sexual Offences Act, 2012 ("hereinafter referred as "POCSO Act" 2012) as well as offences punishable under Ss. 354/354A/354B/506/509 of IPC.

(3.) The brief facts of the case are that the respondent no.2/victim (hereinafter referred as "victim") is the daughter of the accused. On 7/12/2016, an FIR No.0431/ 2016 was lodged by the victim at Police Station Preet Vihar, District-East Delhi, against the petitioner stating therein that the victim was subjected to molestation by the petitioner since 5/6/2012. The full narration of the FIR is not being repeated as the same has been referred by the learned Court below, in extenso. The police after registering the FIR conducted the investigation. The statement under Sec. 164 of Cr.P.C. was recorded and the MLC of the victim was also got conducted. The victim corroborated her version of the complaint in her statement under Sec. 164 of Cr.P.C.