Manjula Krippender Final - 1

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NO.________OF 2016
[Arising out of the Impugned Judgment and Final Order
dated 29.06.2015 passed by the Hon'ble High Court of
Delhi at New Delhi in Criminal M.C.No. 2524/2015 &
Crl. M.As No. 8839/15 & 8918/15]
IN THE MATTER OF:

Ms Eera
Through Dr.Manjula Krippendorf
Petitioner
Versus
State
(Govt. of NCT of Delhi) & Anr.
Respondents
WITH
[CRL. M.P. NO.___________OF 2016]
[APPLICATION FOR CONDONATION OF DELAY
IN FILING SPECIAL LEAVE PETITION]
AND
[CRL. M.P. NO.___________OF 2016]
APPLICATION FOR EXEMPTION FROM FILING CERTIFIED
COPY OF IMPUGNED FINAL ORDER DATED 29.06.2015
PAPER BOOKS
[FOR INDEX:: KINDLY SEE INSIDE]
ADVOCATE FOR PETITIONER: MS AISHWARYA BHATI

[THROUGH SCLSC]
RECORD OF PROCEEDINGS
S.No.
DATE OF RECORD OF
PROCEEDINGS
PAGES
INDEX
S.NO.
PARTICULARS
1.
Office Report on Limitation
2.
Listing Proforma
3.
Synopsis and List of Dates
4.
True typed copy of the Impugned

Judgment and Final Order dated
29.06.2015 passed by the Hon'ble
High Court of Delhi at New Delhi in
Criminal M.C.No. 2524/2015 & Crl.
M.As No. 8839/15 & 8918/15.
5.
Special Leave Petition with Affidavit
6.
APPENDIX
i) Section 376 (2) (L) of IPC
ii) Section 482 of Cr.P.C
7.
ANNEXURE P-1:
True typed copy of the curriculum
vitae
of
mother
of
the
petitioner/prosecutrix dated Nil.
8.
ANNEXURE P-2:
True typed copy of the compilation of
complaints 16.07.2010
made
by
the mother of the petitioner to the
police authorities.
9.
ANNEXURE P-3:
True typed copy of the Complaint
dated 17.12.2010 submitted by the
mother of the petitioner before the
SHO, Defence Colony, New Delhi
PAGES
9.
ANNEXURE P-4:
True typed copy of the FIR No.
197/2014
dated
12.07.2014
registered by the police at Police
Station Defence Colony, New Delhi.
10.
ANNEXURE P-5:
True typed copy of the order dated
15.09.2014 passed by the Ld. Addl.
Sessions Judge, Saket Court, New
Delhi in C.C. No. 186/2014.
11.
ANNEXURE P-6:
20.10.2014 passed by the Ld.
ASJ/Spl.
FTC),
Saket
Court
Complex, New Delhi in FIR No.
192/2014 registered at P.S. Defence
Colony, New Delhi
12.
ANNEXURE P-7:
True typed copy of the statement of
Dr. Roma Kumar of Sir Ganga Ram
Hospita,
New
Delhi
dated
15.05.2015 recorded by the Ld.
ASJ/Special, Fast Track Court,
Saket, New Delhi in CC No.
186/2014
13.
ANNEXURE P-8:
True typed copy of the Petition being
Crl.M.C. No. 2524/2015 dated
09.06.2015 filed by the petitioner
under Section 482 Cr.P.C. before the
Honble High Court of Delhi at New
Delhi.
14.
ANNEXURE P-9:
15.06.2015 passed by the Honble
High Court of Delhi at New Delhi in
Crl.M.C.No. 2524/2015 along with
Cr. M.A. No. 8839/15 & 8918/15.
15.
Application for Condonation of delay

in filing Special Leave Petition.
16.
Application for exemption from filing

certified copy of the impugned order
dated 29.06.2015.

IN THE MATTER OF:

Ms Eera
Through Dr. Manjula Krippendorf
Petitioner
Versus
State
Respondents
OFFICE REPORT ON LIMITATION
1.
The Petition is within Limitation.
2.
The Petition is barred by time and there is delay of

_____days in filing the SLP against the Impugned
Judgment
and
Final
Order
dated
29.06.2015
passed by the Hon'ble High Court of Delhi at New

Delhi in Criminal M.C.No. 2524/2015 & Crl. M.As
No.
8839/15
&
8918/15
and
petition
for
Condonation of______delay has been filed.

3.
There is delay of_______days in Re-filing the petition

and petition for Condonation of______days in refiling has been filed.
BRANCH OFFICER
NEW DELHI
DATED:
02.2016
SYNOPSIS
The present petition for Special Leave to Appeal is
directed against the Impugned Judgment and Final
Order dated 29.06.2015 passed by the Hon'ble High
Court of Delhi at New Delhi in Criminal M.C.No.
2524/2015 & Crl. M.As No. 8839/15 & 8918/15,
whereby the Honble High Court was pleased to dispose
of the Criminal M.C.No. 2524/2015 & Crl. M.As No.
8839/15 & 8918/15 of the petitioner.
It is respectfully submitted that in the present case
the petitioner who is represented by her mother Dr.
Manjula Krippendorf, who is an old lady and has given
several contributions to the health programmes of
Government of India and also served as a Commissioned
Medical Officer in the Army Medical Corps including
Combat
services
and
also
in
other
Govt.
Health
Organization.
It is respectfully submitted that the petitioner is of
38 years but she is suffering from Cerebral Palasy (R.
Hemiparesis), and a Mild-Iintellectual challenge. After the
heinous crime her communication level fell to that of a
child of 3-4 years and prior to the henious crime, she had
the developmental and communication level of 8-9 years.
It is respectfully submitted that the Accused
persons in the present matter committed a very serious
act which betrays the trust on humanity i.e. the very
serious offence under Section 376 (2) (L) of IPC with the
prosecutrix.The Accused Persons are monied people in
their locality due to which extraneous factor, they still
makes attempts to attack on the petitioner and her
mother which terrifies the prosecutrix and when any
complaint regarding the attack is made to the local
polices Station or the higher police authorities but no
mandatory step or action has been taken till date by the
police authorities concerned.
LIST OF DATES
The Petitioner is suffering from Cerebral
palsy (R Hemiparesis) and is a mildly
intellectually challenged child.
It is pertinent to mention here that
the mother of the petitioner is a eminent
and
reputed
doctor
having
great
experience in her profession who also

served in Army Hospital and many Govt.
and UN Health Organization and WHO.
She
has
assisted
in
several
health
programmes in other countries like U.K.,

Germany, New York, Nigeria etc. True
typed copy of the curriculum vitae of
mother
dated
of
Nil
the
is
petitioner/prosecutrix
annexed
herewith
and
marked as Annexure-P/1 (Page

16.07.2010
Complaint was made by the mother of the

petitioner to
the
SHO, P.S. Defence
Colony, New Delhi on attacking by a mob

of 40-60 people led by Sunil Goelalong
with
three
local
police
officers
who
attacked her mother and her younger

sisters complaint to the ACP of PS and
ACP, P.S. EOW, by the petitioner of an
attack on her and prosecutrix. True typed
copy of the compilation of complaints
16.07.2010
made by the mother of
the petitioner to the police authorities is

annexed
herewith
and
marked
as
AnnexureP/2 (Page
since 16.07.2010 to 07.07.2014, several
written complaints were forwarded from
time to time by the mother of the
proseuctrix regarding the attacks and
harassment
made
by
the
Accused
Persons on her and the prosecutrix but it

is ironical that the local police officials
even did not make any effort to protect
them in a lawful manner and no legal or
necessary action taken by local police
officials despite of informing the higher
authorities of the police department till
date and the petitioner is suffering from
dire
consequences
along
with
her
daughter but still no action has been

taken by the police authorities.
07.12.2010
On
07.12.2010,
mother
of
the
the
Complainant/
prosecutrix
filed
Complaint to the SHO, P.S. Defence

Colony, New Delhi regarding an attack by
mob of 80-100 people led by Mr. Anand
Prakash and Mr. & Mrs. A. Dawra, Sajjan
Naraayan, who smashed the proseccutrix
/victims gate, broke her ground floor of
main entrance lock, broke the MCD
sealed basement and door handle and
physically attacked her and her mother.
17.12.2010
The mother of the petitioner submitted a

Complaint/written
report
to
SHO,
Defence Colony, New Delhi regarding a

mob attack by 80 people upon her and
the prosecutrix victim led by one Anand
Prakash, Preeti Dadra and Sajjan Narain.
True copy of Complaint dated 17.12.2010
submitted by mother of the petitioner
before SHO, Defence Colony, New Delhi is
annexed
herewith
and
marked
as
Annexure P/3 (Page
09.07.2014
A zero FIR was lodged with P.S. Kotwali

City, Dehradun, Uttarakhand on the
complaint lodged by the mother of the
petitioner against the incident which
happened with the petitioner.
12.07.2014
Thereafter,
the
aforesaid
FIR
was
transferred to the police station Defence

Colony, New Delhi vide FIR No. 197/2014
against the Accused Sh. Santosh Yadav..
The Accused Shri Santosh Yadav was
arrested and upon filing the charge sheet,
the matter has been put on trial and
superficial in incomplete investigation
was started. True typed copy of the FIR
No.
197/2014
dated
12.07.2014
registered by the police at Police Station

Defence Colony, New Delhi is annexed
herewith and marked as AnnexureP/4
(Page
31.07.2014
Thereafter, Charge Sheet/final report has

been filed by the police against the
Accused Santosh Yadav for the offence
punishable under Sections 376 (2) (L) of
IPC
before
the
concerned
judicial
authority and thereafter, the case was

committed to the Ld. ASJ/Special, Fast
Track Court, Saket, New Delhi vide CC
No. 186/2014 and the same is pending
for trial. .
15.09.2014
The petitioner wishes to bring to the

notice of the Honble High Court that the
Ld. Addl. Sessions Judge, Saket, New
Delhi was pleased to pass an order qua
the
recording
of
evidence
of
the
prosecutrix/petitioner Before the Ld. Trial

Court. True typed copy of the order dated
15.09.2014 passed by the Ld. Addl.
Sessions Judge, Saket Court, New Delhi
in
C.C.
No.
186/2014
is
annexed
herewith and marked as Annexure P/5

(Page
Further, on the count of the status
of the mother of the petitioner as well as
the health condition of the petitioner, the
Ld. Trial Court was pleased to refer the
matter to the legal services authority for
providing interim compensation to the
prosecutrix/petitioner
under
the
provisions of Delhi Victim Compensation

Scheme, 2011.
20.10.2014
The Ld. Trial Court was pleased to pass

an order for submitting report by the
concerned ACP and if the prosecutrix
wishes
to
seek
police
protection/
counseling, the ACP concerned to do the

needful. And further, DLSA directed to gie
interim
compensation
for
heavy
cost
medicines. True typed copy of the order

dated 20.10.2014 passed by the Ld.
ASJ/Spl. FTC), Saket Court Complex,
New Delhi in FIR No. 192/2014 registered

at P.S. Defence Colony, New Delhi is
annexed
herewith
and
marked
as
Annexure-P/6 (page
the Ld. ASJ specifically observed that
Application
moved
on
behalf
of
the
mother of prosecutrix stating inter alia

that she has been raped by the Accused
and despite being a silent sufferer, has
been terrorized by some occupants of the
same
building
their
names
being
mentioned in the Application. On the

same day, concerned ACP was directed to
file a report in this regard and also
directed that meanwhile if the prosecutrix
wishes
to
seek
police
counseling etc., the ACP
protection,
concerned do
the needful and the copy of this order

was also sent to the ACP concerned.
14.11.2014
On
14.11.2014,
the
petitioner
was
hospitalized on the date fixed by the Ld.

Trial
Court,
and
an
exemption
was
sought and the same was granted by the

Ld. Trial Court. The matter was thereafter
adjourned for 19 /20.12.2014.
Further, the Ld. Trial Court ASJ was
transferred by an administrative order to
Rohini Courts, Delhi and the matter was
adjourned to 12/13.02.2015.
12.02.2015
On 12.02.2015, P.W. Narender Singh and

Head Constable Subhash Chand were
present for further examination.
30.03.2015
The mother of the petitioner who was

present was not examined as the Ld. Trial
Court felt that the petitioner/ prosecutrix
was to be examined first. However, as the
petitioner was hospitalized the matter
was adjourned for 31.03.2015. The I.O.
was further directed to comply with the
order dated 15.09.2014 passed by the

Predecessor of the Ld. Trial Court.
31.03.2015
An Application was moved by the mother

of the petitioner indicating that the order
dated 20.10.2014 was not being complied
with, in relation to providing security for
the prosecutrix/ petitioner. However, the
case
was
further
adjourned
for
15.05.2015 & 18.05.2015.

15.05.2015
The petitioner was produced by her

mother and was also accompanied by Dr.
(Mrs.)
Roma
Kumar,
Sr.
Consultant
(Psychologist), Ganga Ram Hospital and

Max Hospital, Gurgaon for interpretation
in which she stated that she knows the
prosecutrix since 1987 and suffering from
cerebral palsy. True typed copy of the
statement of Dr. Roma of Sir Ganga Ram
Hospita, New Delhi dated 15.05.2015
recorded by the Ld. ASJ/Special, Fast
Track Court, Saket, New Delhi in CC No.
186/2014
is
annexed
herewith
and
marked as AnnexureP/7(Page
Thereafter the version of I.O. was
recorded. Further, th3 mother of the
petitioner also pointed out the order
passed by the Ld. Predecessor dated
15.09.2014
wherein
it
has
been
categorically recorded that in Camera

Trial for recording of the statement of the
prosecutrix would be video graphed but
despite pointing out the said facts, the
Ld. Trial Court proceeded in a arbitrary
manner on its own way for recording of
the evidence of the prosecurtix, which
finds
mentioned
in
order
dated
15.05.2015. Further, after putting a lot of

efforts were made to do in Camera
Recording the evidence of the prosecutrix
in a vulnerable room at Saket Court
Complex, New Delhi in which prosecutrix
did make a coherent statement in child
like language of the anatomical part of
the
accused
that
was
put
in
her.
However, the trial judge refused to accept

the child like language, despite the fact
that the interpreter Dr. Roma Kumar was
interpreting the child like language for
the
trial
judge
thereafter
and
the
adjourned
case
was
because
the
prosecutrix was distressed and crying

instead the trial judge adjourned the inCamera
Trial
because
repeated
questioning in the same was making the

child cry and distressed. Thereafter, the
matter
was
listed
for
21.05.2015
&
27.05.2015 and the I.O. was directed to

collect
the
relevant
AADI
and
submit
information
the
report
from
on
18.05.2016 at 4.00 p.m.

15.05.2015
The mother of the petitioner had brought

an expert for doing the video graphy of
the proceedings, the concerned officials of
vulnerable witness Court room of the
Saket Court Complex submitted that the

video graphy of the proceeding was not
permissible.
21.05.2015
Ms. G. Shyamla Executive Director AADI,

the NGO Action For Ability Development
and Inclusion, appeared before the Ld.
Trial Court along with the I.O. it is
submitted that on the query of the Ld.
Trial Court,
mother of the petitioner
stated that prosecutrix/ petitioner has

been going to AIIMS Hospital at Neuro
Science Department and she was under
treatment
of
Professor
Sagar,
Psychological Department and Dr. (Mrs.)

Nehra, Neuropsychology Department and
as such Ms. G. Shyamla suggested that
they would be better special educator,
interpreters in the matter.
27.05.2015
Dr. (Mrs.) Nehra and Dr. Sagar were on

vacation and further as the mother of the
petitioner as also not present, the matte
was deferred for 2nd July 2015 for the

evidence of the mother of the prosecutrix
and Dr. Veena from Dehradun Hospital
on 03.06.2015 for the evidence of the
petitioner/ prosecutrix.
Further, the proceeding recorded on
15.05.2015 has not been recorded as per
the
order
already
passed
by
the
Predecessor of this Ld. Trial Court dated

15.09.2015.
Further, the petitioner submits that
the proceedings are not being conducted
by the present Presiding Officer in the
congenial manner and as provided by
law.
09.06.2015
The prosecutrix through her mother filed

a Petition being Crl.M.C.No. 2524/2015
along with Cr. M.A. No. 8839/15 &
8918/15 before the Honble High Court of
Delhi at New Delhi under Section 482 of
Cr.P.C. with the following prayers:
a)
The matter be transferred to Special
Court
under
POCSO
Act,
since
the
functional age of the child is 3-4 years.

b)
The evidence of the prosecutrix/
petitioner may kindly be recorded in the

most
congenial
and
comfortable
atmosphere and the proceedings may

kindly be video graphed and the same
may be recorded before any lady Joint
Registrar of the Honble High Court.
c)
To permit the petitioner to avail the
services of Dr. (Mrs.) Nehra of All India

Institute of Medical Sciences and Dr.
(Mrs.)
Roma
Kumar,
Sr.
Consultant
(Psychologist) presently working with Max

Hospital for recording the evidence of the
petitioner.
d)
of
to grant permission for video graphy

the
entire
on
such
terms
and
conditions as tis Honble Court may deem

fit.
e)
Supervision of the present case be
transferred from P.S. Defence Colony to

any other branch such as crime.
f)
pass such other order or direction,
as the Honble Court may deem fit.
True typed copy of the Petition being

Crl.M.C.No. 2524/2015 dated 09.06.2015
filed by the petitioner under Section 482
Cr.P.C. before the Honble High Court of
Delhi at New Delhi is annexed herewith
and marked as Annexure P/8 (Page
15.06.2015
The Honble High Court of Delhi was

pleased to pass the directions for making
necessary arrangements for video graphy
of the proceedings as the proseuctrix most
communicate
through
Gestures.
True
typed copy of the order dated 15.06.2015

passed
by
Delhi at
the
New
Honble High Court of

Delhi in
Crl. M. C.
No.
2524/2015 along with Cr. M.A. No.
8839/15 & 8918/15 is annexed herewith

and marked as Annexure P/9(Page
29.06.2015
Vide
impugned
final
order
dated
29.06.2015, the Honble High Court was

pleased to dispose of the Criminal Crl.
M.C.No. 2524/2015 & Crl. M.As No.
8839/15
&
8918/15
of
petitioner.[IMPUGNED ORDER)
02.2016
Hence, this Special Leave Petition.
the

Order XXI Rule 3 (1) (a)
SPECIAL LEAVE PETITION (CRL.) NO._______OF 2016
[WITH PRAYER FOR INTERIM RELIEF]
POSITION OF PARTIES
In Trial In High
In this
Court
Court
Court
BETWEEN:
Ms Eera
Through Dr. Manjula
Krippendorf1,Mother
&Natural Guardian
B-56, Defence Colony,
New Delhi.
Accused
Appellant Petitioner
VERSUS
1.
2.
State
(Govt. of NCT of Delhi)
Thr. Principal Home Secretary
A-Wing, 5th Floor,
Delhi Secretariat,
New Delhi-110003.
ProseRespondent
Cution
No. 1
Santosh Kumar Yadav,
Lodged in Central Jail,
Tihar, New Delhi.
Accused
Respondent
No. 2
TO
THE HONBLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUDGES OF THE
Respondent
No.1
Respondent
No.2
HONBLE SUPREME COURT OF INDIA

NEWDELHI.
THE HUMBLE PETITION OF THE
PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1.
This is a petition for Special Leave to Appeal under

Article 136 of the Constitution of India filed by the
petitioner, which is directed against theImpugned
Judgment
and
Final
Order
dated
29.06.2015
passed by the Hon'ble High Court of Delhi at New

Delhi in Criminal M.C.No. 2524/2015 & Crl. M.As
No. 8839/15 & 8918/15, whereby the Honble High
Court was pleased to dispose of the Criminal
M.C.No. 2524/2015 & Crl. M.As No. 8839/15 &
8918/15 of the petitioner.
2.
QUESTIONS OF LAW:
The
following
questions
of
law
arise
for
consideration by this Honble Court
i)
Whether the judgment/ final order passed by the

both the Ld. courts below is not sustainable in the
eyes of law as while passing the impugned order the
Honble High Court ignored the prayer regarding
that the matter be transferred to the Special Court

established under POCSO Act since the functional
age of the prosecutrix / child is 3 to 4 years and the
other prayer that the supervision / investigation of
the present case can be transferred from PS.
Defence Colony to any other branch such as Crime
?
ii)
Whether the Honble High Court was justified in not

appreciating the fact that in the present case the
prosecutrix is represented by her mother. The
prosecutrix is a child with cerebral palasy (R
Hamiparesis) and a mild intellectual challenge with
I.Q. 90, functioning at 8-10 years levels per the Dr.
opinion, while her chronological age is 38 years.
However after the heinous crime her functional and
communication level fell due to the trauma of
heinous crime to that of a child of 3-4 years level. It
clearly shows that the developmental level of the
prosecutrix is declining day by day as she has no
adequate treatment and care following the crime.
Therefore, the prosecutrix should be treated as a
child with special care and attention, vital for her

survival. In view of her present functional age of 3-4
years following the heinous crime and her previous
functional
age
of
8-10
years,
the
matter
be
transferred to the Special Court established under

POCSO Act as she remains a child in the interest of
justice ?
iii)

appreciating
the
fact
that
since
2010,
the
prosecutrix and her mother have been facing dire

consequences
regarding
the
attacks
and
harassment, encroachment, house trespass etc.

regarding which several complaints and efforts were
made by the mother of the petitioner regarding the
safety
and
security
of
her
and
her
daughter/prosecutrix but no necessary steps have

been taken yet by the police officials despite of
approaching higher police authorities ?
iv)

appreciating the fact that the prosecutrix has been
suffering from Post Traumatic stress syndrome
which
affected
the
health
and
mind
of
the
prosecutrix and she has only her mother who is a

old lady to take care of her. In such circumstances
also, the attempts of attacks on the prosecutrix and
her mother has been continuously made by the
Accused persons and when the mother of the
petitioner approached the police station they neither
registered an FIR nor taken any mandatory or
necessary action in this regard ?
v)

appreciating
the
fact
that
in
such
type
of
consequences, the investigation of the present case

should be transferred from P.S. Defence Colony to
any other branch such as Crime for the safety and
security of the prosecutrix and her mother for fair
investigation in the interest of justice?
vi)

appreciating the fact that in the present the list of
attacks and the time to time intimation of the same
by the mother of the petitioner to the police
authorities clearly shows that the local police has
hand and gloves with the accused persons and the

goons which are simultaneously made attempts to
attack on the prosecutrix and her mother?
3.
DECLARATION IN TERMS OF RULE 2 (2):

The Petitioner states that no other petition seeking
leave to appeal has been filed by her against the
Impugned
Judgment
and
Final
Order
dated
29.06.2015 passed by the Hon'ble High Court of

Delhi at New Delhi in Criminal M.C.No. 2524/2015
& Crl. M.As No. 8839/15 & 8918/15.
4.
DECLARATION IN TERMS OF RULE 4:

The Annexure P/1 to P/8 produced along with the
S.L.P.
are
true
pleadings/documents,
typed
which
copy
form
part
of
the
of
the
records of the case in the court below against whose

order the leave to appeal is sought for in this
petition.
5.
GROUNDS
A.
It is respectfully submitted that judgment/ final

order passed by the both the Ld. courts below is not
sustainable in the eyes of law as while passing the
impugned order the Honble High Court ignored the
prayer regarding that the matter be transferred to
the Special Court established under POCSO Act
since the functional age of the prosecutrix / child is
3 to 4 years and the other prayer that the
supervision / investigation of the present case can
be transferred from PS. Defence Colony to any other
branch such as Crime.
B.
It is respectfully submitted that in the present case

the prosecutrix is represented by her mother. The
prosecutrix is a child with cerebral palasy (R
Hamiparesis) and a mild intellectual challenge,
functioning at 8-10 years levels per the Dr. opinion,
while her chronological age is 38 years. However
after
the
heinous
crime
her
functional
and
communication level fell due to the trauma of

heinous crime to that of a child of 3-4 years level. It
clearly shows that the developmental level of the
prosecutrix is declining day by day as she has no

adequate treatment following the crime. Therefore,
the prosecutrix should be treated as a child with
special care and attention, vital for her survival. In
view of her present functional age of 3-4 years
following the heinous crime and her previous
functional
age
of
8-10
years,
the
matter
be
transferred to the Special Court established under

POCSO Act as she remains a child in the interest of
justice.
C.
It is respectfully submitted that since 2010, the

prosecutrix and her mother have been facing dire
consequences
regarding
the
attacks
and
harassment, encroachment, house trespass etc.

regarding which several complaints and efforts were
made by the mother of the petitioner regarding the
safety
and
security
of
her
and
her
daughter/prosecutrix but no necessary steps have

been taken yet by the police officials despite of
approaching higher police authorities.
D.
It is respectfully submitted that the prosecutrix has

been suffering from Post Traumatic stress syndrome
which
effected
the
health
and
mind
of
the
prosecutrix and she has only her mother who is a

old lady to take care of her. In such circumstances
also, the attempts of attacks on the prosecutrix and
her mother has been continuously made by the
Accused persons and when the mother of the
petitioner approached the police station they neither
registered an FIR nor taken any mandatory or
necessary action in this regard.
E.
It is respectfully submitted that in such type of

consequences, the investigation of the present case
should be transferred from P.S. Defence Colony to
any other branch such as Crime for the safety and
security of the prosecutrix and her mother for fair
investigation in the interest of justice.
F.
It is respectfully submitted that in the present the

list of attacks and the time to time intimation of the
same by the mother of the petitioner to the police
authorities clearly shows that the local police has
hand and gloves with the accused persons and the

goons which are simultaneously made attempts to
attack on the prosecutrix and her mother.
6.
GROUNDS FOR INTERIM RELIEF:It is respectfully submitted that the Petitioner has
prima facie case as disclosed in the foregoing
paragraphs
and
the
petitioner
would
suffer
irreparable loss and injuries, her mother and the

prosecutrix are not safe and their personal safety
and security is at stake if the following two prayers
i.e. (a) & (e) as mentioned in the list of dates are not
allowed by this Honble Court, which are as follows:
:
a)
The matter be transferred to Special Court

under POCSO Act, since the functional age of
the child is 3-4 years.
e)
Supervision of the present case be transferred

from P.S. Defence Colony to any other branch
such as crime.
during the pendency of the present Special Leave

Petition. The balance of convenience is in favour of
the petitioner and it is a prima facie case for

allowing the above mentioned prayers.
MAIN PRAYER:
7.
It is therefore, most respectfully prayed that your

lordships may be pleased to:
a.
Grant the Special Leave to Appeal against the

Impugned
Judgment
and
Final
Order
dated
29.06.2015 passed by the Hon'ble High Court of

Delhi at New Delhi in Criminal M.C.No. 2524/2015
& Crl. M.As No. 8839/15 & 8918/15,in the interest
of justice;
AND/OR
b.
Pass such other order or orders, as this Honble

Court may deem fit and proper.
PRAYER FOR INTERIM RELIEF:
8.
It is therefore, humbly prayed that this Honble

Court may graciously be pleased to;
i)
Allow following two prayers i.e. (a) & (e) as

mentioned in the list of dates by this Honble
Court, which are as follows :
a)
The matter be transferred to Special

Court
under
POCSO
Act,
since
the
functional age of the child is 3-4 years.

e)
Supervision
of
the
present
case
be
transferred from P.S. Defence Colony to

any other branch such as crime.
during the pendency of the present Special Leave
Petition. in the interest of justice;
AND/ OR
ii)
Pass such other order or orders, as this Honble

Court may deem fit and proper.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER

SHALL EVER PRAY
DRAWN & FILED BY
MS AISHWARYA BHATI
ADVOCATE FOR THE PETITIONER
DRAWN ON:
FILED ON
02.2016
02.2016

SPECIAL LEAVE PETITION (CRL.) NO._______OF 2016
IN THE MATTER OF:
Ms Eera
Petitioner
Versus
State
Respondents
CERTIFICATE
Certified that the Special leave Petition is confined only to
the pleading before the Court whose order is challenged
and
the
other
documents
relied
upon
in
those
proceedings. No additional facts, documents or grounds

have been taken therein or relied upon in the Special
leave Petition. It is further certified that the copies of the
documents/Annexures attached to the Special Leave
Petition are necessary to answer the question of law
raised in the petition or to make out grounds urged in
the Special leave Petition for consideration of this Honble
Court.
This certificate is given on the basis of the
instructions given by the petitioner/person authorized by

the petitioner whose affidavit is filed in support of the
Special Leave Petition.
DRAWN & FILED BY:

DRAWN ON:
02.2016
FILED ON:
02.2016
MS AISHWARYA BHATI

CRL.M.P. NO. ___________OF 2016
IN
IN THE MATTER OF:
Ms Eera
Petitioner
Versus
State
Respondents
APPLICATION FOR CONDONATION OF DELAY

IN FILING THE SPECIAL LEAVE PETITION
TO
AND HIS COMPANION JUSTICES OF THE
PETITIONER ABOVE-NAMED

1.
That this is an Application for condonation of delay

in filing the Special Leave Petition filed by the
petitioner along with accompanying SLP, which is

2524/2015 & Crl. M.As No. 8839/15 & 8918/15.
2.
That the facts stated in the Special Leave Petition

may be read as part and parcel of this Application
as the same not repeated herein for the sake of
brevity. The petitioner craves the indulgence of this
Hon'ble Court to allow her to refer and rely on the
same at the time of hearing of this application.
3.
It is respectfully submitted that the present SLP has

been filed through SCLSC and the cause of delay is
on
account of
the
reasons
mentioned
across
following dates.
a)
Date of assignment of the counsel
13.01.2016
b)
Case File received by the Counsel.
15.01.2016
c)
The matter was under drafting.
01.02.2016
d)
Affidavit
16.02.2016
02.2016
of
the
petitioner
were
received.
e)
SLP was finally prepared and filed.
4.
All this has resulted in substantial delay, which is

neither
intentional
nor
deliberate
and
hence
deserves to be condoned in the interest of justice.
5.
It is respectfully submitted that if the delay in filing

the accompanying S.L.P. is not condoned by this
Honble
Court,
irreparable
the
loss,
petitioner
hardship,
would
injuries
and
suffer
great
injustice, which cannot be compensated in any

manner.
PRAYER
It is, therefore, humbly prayed that your Lordships

may graciously be pleased to;
(a)
condone the delay of_______days in filing the

Special Leave Petition against the Impugned
Judgment and Final Order dated 29.06.2015
passed by the Hon'ble High Court of Delhi at
New Delhi in Criminal M.C.No. 2524/2015 &
Crl. M.As No. 8839/15 & 8918/15, in the
interest of justice.
AND/OR
b)
pass such and other order (s) as this Hon'ble

Court may deem just and proper in the facts
and circumstances of the case.
AND FOR THIS ACT OF KINDNESS PETITIONER IN

THEIR DUTY BOUND SHALL EVER PRAY.
DRAWN & FILED BY:
MS AISHWARYA BHATI
DRAWN ON:
FILED ON:
02.2016
02.2016

CRL. M.P. NO.___________OF 2016
IN
IN THE MATTER OF:

Ms Eera
Petitioner
Versus
State
Respondents
APPLICATION FOR FROM FILING CERTIFIED

COPY OF THE IMPUGNED FINAL JUDGMENT
AND ORDER DATED 29.06.2015
TO
AND HIS COMPANION JUSTICES OF THE
PETITIONER ABOVE-NAMED
1.
That this is an Application for from filing certified

copy of the impugned final judgment and order
dated 29.06.2015 filed by the petitioner along with
accompanying the Special Leave Petition which is

2524/2015 & Crl. M.As No. 8839/15 & 8918/15.
2.
It is respectfully submitted that the certified copy of

the impugned final order dated 29.06.2015 is not
available with the petitioner at this stage but she
has applied for the same. However, due to the
urgency in the matter, the petitioner filed true typed
copy of the same as the petitioner is a minor and is
represented through her mother and the present
SLP filed by the petitioner through SCLSC and the
original case file was received by the Counsel
without certified copy of the final impugned order.
3.
Therefore, in view of the above submissions, the

petitioner is seeking exemption from filing certified
copy of the impugned final order dated 29.06.2015
and this Honble Court exempts the petitioner from
filing certified copy of the impugned final order in
the interest of justice.
4.
The balance of convenience is in favour of the

petitioner.
PRAYER
It is, therefore, humbly prayed that your Lordships

may graciously be pleased to;
(b)
Exempt the petitioner from filing certified copy

of the final impugned judgment and order
dated 29.06.2015, in the interest of justice.
AND/OR
b)
pass such and other order (s) as this Hon'ble

Court may deem just and proper in the facts
and circumstances of the case.
AND FOR THIS ACT OF KINDNESS PETITIONER IN

THEIR DUTY BOUND SHALL EVER PRAY.
DRAWN & FILED BY:
MS AISHWARYA BHATI
DRAWN ON:
02.2016
FILED ON:
02.2016
IN THE HON'BLE HIGH COURT OF DELHI

AT NEW DELHI
Criminal M.C.No. 2524/2015
MEMO OF PARTIES
BETWEEN:
Ms Eera
Through Dr. Manjula
Krippendorf Mother
& Natural Guardian
New Delhi.
Petitioner
VERSUS
1.
State
Through Standing Counsel
426, Lawyers Chambers,
Delhi High Court, New Delhi.
2.

Tihar, New Delhi.
Respondents
DRAWN & FILED BY:
MS AISHWARYA BHATI
DRAWN ON:
FILED ON:
92.2016
02.2016

AT NEW DELHI
Crl. M.As No. 8839/15
MEMO OF PARTIES
BETWEEN:
Ms Eera
Through Dr. Manjula
Krippendorf Mother
& Natural Guardian
New Delhi.
Petitioner
VERSUS
1.
State
2.

Tihar, New Delhi.
Respondents
DRAWN & FILED BY:
MS AISHWARYA BHATI
DRAWN ON:
FILED ON:
92.2016
02.2016

AT NEW DELHI
Crl. M.As No. 8918/15.
MEMO OF PARTIES
BETWEEN:
Ms Eera
Through Dr. Manjula
Krippendorf Mother
& Natural Guardian
New Delhi.
Petitioner
VERSUS
1.
State
2.

Tihar, New Delhi.
Respondents
DRAWN & FILED BY:
MS AISHWARYA BHATI
DRAWN ON:
FILED ON:
92.2016
02.2016

IN THE MATTER OF:

Ms Eera
Petitioner
Versus
State
Respondents
AFFIDAVIT
I, Dr. Manjula Krippendorf, R/o House No. B-56, Defence
Colony, New Delhi, do hereby solemnly affirm and declare
as under:
1.
That I am the mother of the petitioner in the

aforesaid matter and as such I am well conversant
with the facts and circumstances of the case, hence
I am competent to swear and sign this affidavit.
2.
That the accompanying Special Leave Petition

containing Paras from 1 to 8, Pages from
and List of Dates from
to
to
& I.As. have been
drafted as per my instruction by our counsel

through SCLSC and I have gone through the
contents thereof and I understood the same.
3.
That the Annexures enclosed with the SLP are true

typed copies of their respective originals.
4.
That
the
contents
of
the
aforesaid
SLP
and
Applications are true and correct to the best of my

knowledge and belief and nothing material has been
concealed therefrom.
DEPONENT
VERIFICATION:
Verified at New Delhi on this_______day of February,
2016 that the contents of the aforesaid affidavit are true
and correct to the best of my knowledge and belief, no
part of it is false and no material has been concealed
therefrom.
DEPONENT

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IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

IN THE MATTER OF:

ADVOCATE FOR PETITIONER: MS AISHWARYA BHATI

Office Report on Limitation

Synopsis and List of Dates

True typed copy of the Impugned

Special Leave Petition with Affidavit

Application for Condonation of delay

Application for exemption from filing

IN THE SUPREME COURT OF INDIA

IN THE MATTER OF:

OFFICE REPORT ON LIMITATION

The Petition is within Limitation.

The Petition is barred by time and there is delay of

passed by the Hon'ble High Court of Delhi at New

Condonation of______delay has been filed.

There is delay of_______days in Re-filing the petition

experience in her profession who also

programmes in other countries like U.K.,

marked as Annexure-P/1 (Page

Complaint was made by the mother of the

SHO, P.S. Defence

Colony, New Delhi on attacking by a mob

attacked her mother and her younger

made by the mother of

the petitioner to the police authorities is

Persons on her and the prosecutrix but it

daughter but still no action has been

Complaint to the SHO, P.S. Defence

The mother of the petitioner submitted a

Defence Colony, New Delhi regarding a

Annexure P/3 (Page

A zero FIR was lodged with P.S. Kotwali

transferred to the police station Defence

registered by the police at Police Station

Thereafter, Charge Sheet/final report has

authority and thereafter, the case was

The petitioner wishes to bring to the

prosecutrix/petitioner Before the Ld. Trial

herewith and marked as Annexure P/5

provisions of Delhi Victim Compensation

The Ld. Trial Court was pleased to pass

counseling, the ACP concerned to do the

medicines. True typed copy of the order

New Delhi in FIR No. 192/2014 registered

mother of prosecutrix stating inter alia

mentioned in the Application. On the

counseling etc., the ACP

the needful and the copy of this order

hospitalized on the date fixed by the Ld.

sought and the same was granted by the

On 12.02.2015, P.W. Narender Singh and

The mother of the petitioner who was

order dated 15.09.2014 passed by the

An Application was moved by the mother

15.05.2015 & 18.05.2015.

The petitioner was produced by her

(Psychologist), Ganga Ram Hospital and

categorically recorded that in Camera

15.05.2015. Further, after putting a lot of

However, the trial judge refused to accept

prosecutrix was distressed and crying