The Special Leave Court dismissed the State's CRLLP challenging an acquittal after finding no substantial and compelling reason to grant leave for detailed scrutiny of the lower court's order.
Leave to file appeal against the judgment of acquittal is not granted.
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CRLLP No.31 of 2020
Heard Sk. Zarfulla, learned Additional Standing Counsel for the State.
The State has preferred this CRLLP under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order of acquittal dated 25.02.2020 passed by the learned Additional SessionsCum-Special Judge, Malkangiri in T.R. No.12 of 2019, whereby the respondent has been acquitted for commission of offences punishable under Sections 363/ 366/ 354-D/ 376(1) of the I.P.C. read with Section 4/12 of the Protection of Children from Sexual Offences Act, 2012.
Having heard the learned Additional Government Advocate and going through the aforesaid judgment and order, we are of the opinion that there is no substantial and compelling reason to grant leave to appeal as the State has not made out a case for a detailed scrutiny of the judgment and order of acquittal in exercise of the appellate jurisdiction.
Accordingly, leave is not granted to the State to file appeal against the aforesaid judgment.
The CRLLP is dismissed.
As restrictions are continuing due to COVID-19 pandemic, learned counsel for the parties may utilize the
2
soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
……………………….. S. K. Mishra, J.
….…………………………. Savitri Ratho, J.
BJ
2 provisions across 2 enactments
State
Respondent
S. K. Mishra
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
