AMIT RAJAK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of this revision petition, the petitioner assails order dtd. 6/11/2023 [hereafter'impugned order'], passed by the learned Additional Sessions Judge-06/Children's Court, East District, Karkardooma Court, Delhi [hereafter'Children's Court'], in case arising out of FIR bearing no. 181/2021, registered at Police Station Mayur Vihar, Delhi, for the commission of offence punishable under Ss. 376/506 of the Indian Penal Code, 1860 [hereafter'IPC'] and Sec. 6 of the Prevention of Children from Sexual Offences Act, 2012 [hereafter'POCSO Act'].

(2.) Vide the impugned order, the order dtd. 12/4/2022, passed by the learned Principal Magistrate, JJB-IV, East District, Vishwas Nagar, Delhi [hereafter'Magistrate'] had been upheld.

(3.) The FIR in this case was registered on the complaint of'S' i.e. mother of the victim, who alleged that her minor daughter'K', aged about six years, used to take tuition from the accused Amit (CCL) for the last three months. It was alleged that on 6/4/2021, her daughter had informed her that during tuition classes, the accused used to kiss her on her vagina after removing her undergarments. It was further alleged that CCL used to put his private part in the mouth of the victim. As alleged, when the victim would object or cry, the accused would beat her up and also threaten to kill her. It was further alleged that the accused had even threatened her with a knife and also threatened to throw her from the stairs; he would also drag her on the floor and would put his foot on her face to intimidate her. The said incidents continued for a period of one month, when finally the victim complained the same to her mother. On the basis of the aforesaid allegations, the present FIR came to be registered on 9/4/2021.