(1.) This is a writ petition under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. filed by the petitioner for quashing of FIR No.19/2013 u/s 376 IPC dated 17th January, 2013 registered with PS Ashok Nagar, Delhi and the consequential proceedings emanating there from.
(2.) Following facts emerged from the charge sheet:-
(3.) On the aforesaid statement case under Section 376 IPC was registered by SI Kulbeer and was assigned to ASI Saubhagyawati for investigation. On 18th January, SI Kulbeer arrested the petitioner and took him to LBS Hospital where his potency test was conducted. His medical examination was conducted vide MLC No. 732/13. The doctor gave sealed blood sample and sample seal of LBS hospital to SI Kulbeer Singh which was seized. ASI Saubhagyawati got conducted the medical examination of victim Seema Mohal vide MLC No. 013/13. During the medical examination of the victim, ASI Saubhagyawati took into police possession (i) sexual assault evidence collection kit (ii) clothes of the victim (iii) sample seal of LBS Hospital KP given by the doctor, which were sealed and intact.
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