SHYAM KUMAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By the present revision petition, the Petitioner seeks setting aside of the order dated 1st March, 2016 passed by the learned Additional Sessions Judge framing charge against the Petitioner under Sections 363/366A IPC, Sec. 109 Penal Code read with Sec. 376D Penal Code and Sec. 17 read with Sec. 6 of Protection of Children against Sexual Offences Act, 2012 (in short 'POCSO Act'). The prosecution case springs out of FIR No. 78/2015 registered at PS Uttam Nagar under Sec. 363 Penal Code lodged by the mother of the prosecutrix.

(2.) After the prosecutrix was recovered, her statement was recorded under Sec. 164 Crimial P.C. wherein she stated :-

(3.) The ingredients of the offence of kidnapping punishable under Sec. 363 Penal Code were discussed by Supreme Court in the decision reported as AIR 1965 SC 942 S. Varadarajan Vs. State of Madras and the relevant extract of the report are :