Leave for appeal to the Supreme Court against a Sessions Court judgment acquitting the respondent in a POCSO case is dismissed by the Delhi High Court.
Leave petition CRL.L.P. 456/2018 dismissed.
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STATE ( GNCT OF DELHI) ..... Petitioner Through: Mr. Rajat Katyal, APP with Insp. Satbir Singh, PS Begampur
versus
ALOK KUMAR ..... Respondent Through:
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE I.S.MEHTA
%
O R D E R 20.07.2018
Crl.M.A. No. 28192/2018
Exemption allowed, subject to all just exceptions. The application stands disposed of.
CRL.L.P. 456/2018
The present leave petition has been preferred by the State to seek leave to appeal against the judgment dated 09.04.2018 passed by the learned Additional Sessions Judge, NW-01, Special Court, POCSO, Rohini Courts, Delhi in SC No.155/2014 arising out of FIR No.693/2014 under Section 354/376/406/120B/506 IPC read with Section 6 of POCSO registered at PS Begampur. The Trial Court has acquitted the respondent/ accused by the impugned judgment.
A perusal of the judgment of the Trial Court shows that premised on cogent evidence, the Trial Court has found the present to be a case of false implication by the prosecutrix on account of the fact that the accused rebuked her, and did not entertain her advances. In fact, it has come in evidence that it was the prosecutrix who had written letters to the accused – who is a married man, expressing her attraction and affection for the accused. A perusal of the impugned judgment shows that there is absolutely no evidence led by the prosecution to substantiate any of the allegations and charges made against him.
There is no merit in the present petition. Dismissed.
VIPIN SANGHI, J
I.S.MEHTA, J
JULY 20, 2018 sr
1 issue framed by the court
Whether the State is entitled to leave to appeal against a judgment acquitting the accused in a POCSO trial case.
STATE ( GNCT OF DELHI)
ALOK KUMAR
VIPIN SANGHI
I.S. MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
