SHUBHAM PAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed under Sec. 439 CrPC seeking regular bail in FIR No. 474/2022 under Ss. 363/376 IPC and Sec. 4 of POCSO Act, registered at Police Station Moti Nagar, New Delhi.

(2.) The FIR was registered on the complaint made by the mother of the prosecutrix alleging that her younger daughter along with the prosecutrix (elder daughter), who was then aged about 15 years, had gone out of the house to buy ice cream. At that time, the petitioner who lives in the neighbourhood came on a motorcycle and coaxed the prosecutrix to sit on his motorcycle and thereafter, the petitioner ran away with the prosecutrix.

(3.) Vide order dtd. 25/4/2023, this Court directed the learned Trial Court to examine the prosecutrix and the testimony of the prosecutrix was accordingly recorded on 2/5/2023 and 2/6/2023. A copy of the testimony of the prosecutrix has now been filed.