STATE NCT OF DELHI Vs. DANISH & ORS

JUDGEMENT

(1.) Crl. M.A. 19723/2016 (condonation of delay)

(2.) Learned Addl. PP submits that the trial court has erred in not framing a charge under Sections 354/354-A & B IPC and Sections 8/12 of the POCSO Act against the respondents who had committed the said offences.

(3.) Learned counsel appearing for the respondents submits that the statements of the prosecutrix recorded under Section 161 Cr. P.C. and Section 164 Cr. P.C. and also the testimony of the prosecutrix before the trial court does not show commission of offence under Sections 8/12 of the POCSO Act or Section 354/354-A & B of the IPC. He submits that even the offences punishable under Section 506/34 IPC are not disclosed from the statement, however, the respondents are facing the trial qua the same.