Pawan Kumar v. State Of Punjab
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District Fazilka 354, 354-B of Indian Penal Code, 1860 (for short 'IPC') and Section 6 of Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') and charge sheeted under Sections 376 IPC and Section 6 of POCSO Act
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% therein that the victim 'D'
% who was her ten and half years old daughter and was having low intellect, had gone to attend a marriage
function on 29.04.2022, which was taking place in their neighbourhood, without informing them. Since she did not return back till 8:00 PM, therefore, she alongwith her husband had started making search for her but could not find her in the house where marriage function was taking place. Then, she was found by them in a naked condition in the bushes of boarder of neighbouring village at about 10:10 PM. She recorded that on asking, the victim had disclosed to her that the present petitioner had teased her and took her into bushes and also taken off her clothing. On the basis of her statement, initially a case under Sections 354 and 354-B of IPC read with Section 10 of POCSO Act was registered. The victim was medically examined. Her statement under Section 164 of Cr.P.C. could not be recorded due to her low IQ level. The petitioner was arrested on 11.05.2022. He was also medically examined. During investigation, offences under Section 376 of IPC and Section 6 of POCSO Act, 2012 were added.
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