PRIYA ORANG LOUIS Vs. STATE OF ARUNACHAL PRADESH
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Priya Orang Louis
STATE OF ARUNACHAL PRADESH
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(1.) Heard Mr. T. T. Tara, learned counsel for the petitioners and also heard Ms. M. Tang, learned Addl. PP appearing for the State of Arunachal Pradesh.
(2.) This is an application under Section 482 of CrPC, 1973 praying for quashing and setting aside the Charge-Sheet No. 97/17, dated 22.12.2017 of Women Police Station Case No. 35/17, registered under Sections 376 (2) (i)/ 506 of IPC read with Section 6 of POCSO Act which was submitted before the learned Chief Judicial Magistrate, Capital Complex at Yupia, Arunachal Pradesh on 17.04.2017.
(3.) The brief facts leading to filing of this petition are that- On 17.04.2017, the petitioner No. 1/ the victim lodged a complaint before the Officer-in-Charge of Women Police Station, Itanagar stating that she had been raped by the petitioner No. 2 in whose house she was employed as a maid servant. Following the submission of the complaint an FIR case was registered under Section 376 (2) (i)/ 506 of IPC read with Section 6 of POCSO Act on the same day and investigation was conducted on the allegation leveled against the petitioner No.2. In the course of investigation, the statement of the petitioner No.1 was recorded both under Section 161 & 164 CrPC. She was also examined by a Medical Board for determination of her age and as per the findings of the Medical Board, the age of the petitioner No. 1/ the victim was stated to be in between 14-16 years. After investigation was completed, the Investigating Officer submitted the Charge-Sheet under sections law mentioned above before the learned Chief Judicial Magistrate, Yupia.;
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