Supreme Court · 2019 INSC 1161 · Decided 17 October 2019
Mani Pushpak Joshi v. State of Uttarakhand & ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1161 · [2019] 13 S.C.R. 819
- Case number
- CRIMINAL APPEAL No. 1517/2019
- Decided
- 17 October 2019
- Bench
- L. NAGESWARA RAO, HEMANT GUPTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 5, 6, 376(2); CrPC Section 319; POCSO Act Section 5, 6
Headnote
Code of Criminal Procedure, 1973 - s.319 and ss.161, 164 - FIR lodged by the father of prosecutrix (aged about 6 years) about sexual assault on her - Prosecutrix in her statement inter alia stated that after she returned to her classroom, two men came; one of them wore spectacles and the other did She deposed that two men had touched her before also and assaulted her five times earlier secretly in the garden - Appellant is said to be the person who was wearing spectacles, as identified by the victim - Application filed to summon the appellant - On appeal, held: Prosecutrix is a small
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