S.I Chander Kanta v. Rakesh Kumar

1. The present petition under Section 378(3) of Code of Criminal Procedure, 1973 has been filed on behalf of the State/petitioner seeking leave to appeal against the Judgment dated 07.03.2020 by learned Additional Sessions Judge, South-West District, Dwarka Courts, New Delhi, wherein the Trial Court acquitted the respondent from the offence punishable under Sections 6 POCSO Act, 2012 and 366 IPC registered vide FIR No. 1140/2014 at Police Station Dabri.

2. In view of the reasons stated in the present petition and after hearing the learned Counsels for the parties, and the fact that the age of the prosecutrix as 4 years, who supported the prosecution story and identified the respondent Rakesh Kumar, we hereby allow Digitally CRL.L.P. 2/2022 the present petition and grant leave to appeal to the State/petitioner.

3. The present petition is disposed of. CRL. A. No............/2023 (to be registered)

4. The Registry is directed to assign number to the appeal.

5. Admit.

6. Learned counsel for the respondent accepts notice of admission of the appeal.

7. Pending hearing of the appeal, the respondent will furnish a personal bond in the sum of Rs. 10,000/- each with one surety bond of the like amount on 10.11.2023 before the learned Joint Registrar, subject to the satisfaction of the learned Joint Registrar of this Court.

8. The Registry is further directed to prepare and place on record paper book and e-Trial Court Record within two weeks from today, and the copy of the same shall be supplied to the learned counsel for the parties.

9. List on 15.01.2024 in the category of ‘final hearing’.

10. Parties are directed to file a brief note of written submissions not exceeding five pages with relevant documents/judgements on which they want to rely with relevant portion duly highlighted for the convenience of this Court within four weeks from today.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE OCTOBER 10, 2023 Digitally