State NCT of Delhi v. Karnail Singh

1. An application under Section 378 (3) of Code of Criminal Procedure, 1973 for grant of Leave to Appeal against the judgment dated 04.03.2020 acquitting the respondent of the charges under Section 376(2)(i) and 506 IPC and Section 6 POCSO Act has been filed.

2. The FIR No.659/2015 was registered at P.S. Alipur on the statement of the victim, wherein it is stated that she is aged about 11-12 years and had been raped by the respondent. Though, the grandmother who was a material witness had failed to support the prosecution case, but the testimony of the child is not totally exculpatory and the acquittal merits consideration.

3. Therefore, we find merit in the application and allow the Leave to Digitally CRL.L.P. 204/2021 Appeal. 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 accept 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 21.09.2023 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 24.11.2023 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 AUGUST 3, 2023 va Digitally