Delhi High Court granted leave to appeal against an acquittal in a POCSO case, noting the trial court ignored crucial DNA evidence. The appeal was admitted, bail granted, and parties directed to submit synopsis for the next hearing.
Leave to appeal granted; appeal admitted; bail granted on Rs.10,000 bond; parties to file synopsis by next hearing.
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Through: Mr. Aman Usman, APP for the State with SI KM Barti, P.S. Vasant Vihar.
versus
JAGDISH .....Respondent Through: Mr. Dwarka Sawale, Advocate.
CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
O R D E R
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2024 at 12:00:58
impugned judgment of acquittal passed by ld. Trial Court and some of the evidence which has been led by the prosecution, and is of the view that this is a fit case of grant of leave to appeal.
PRATHIBA M. SINGH, J
AMIT SHARMA, J
OCTOBER 9, 2024/ bsr/ms
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2024 at 12:00:58
3 issues framed by the court
Whether leave to appeal under Section 378(1) CrPC should be granted against acquittal in a POCSO case where DNA evidence was allegedly ignored.
Whether the acquittal is a fit case for appeal given the presence of DNA evidence on the accused.
Whether the respondent should be admitted to bail pending the hearing of the appeal.
3 provisions across 3 enactments
State of NCT of Delhi
Jagdish
Prathiba M. Singh
Amit Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
