SPLA/147/2020
2022 Latest Caselaw 2929 UK

               Office Notes,
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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 SPLA No.147 of 2020
                                 With
                                 GA No.93 of 2020
                                 Hon'ble S.K. Mishra, J.

Hon'ble Alok Kumar Verma, J.

Mr. J.S. Virk, learned Deputy Advocate General for the State/appellant and Mr. Shubhr Rastogi, learned counsel for the respondent.

There is a delay of 163 days in preferring the appeal. The Application for Condonation of Delay (CRMA No.4321 of 2020) is allowed and the delay of 163 days in preferring the appeal is condoned.

This is an application, filed under Section 378 (3) of the Code of Criminal Procedure, 1973, for grant of Leave to Appeal against acquittal.

The respondent was charged by the learned Additional Sessions Judge /Special Judge(POCSO) for the offence under Sections 363, 366, 376 of the Indian Penal Code, 1860 (hereinafter referred as "the Penal Code" for brevity) and Section 5 & 6 of the Protection of Children from Sexual Offences Act, 2012 in Sessions Trial No.82 of 2017.

The learned Special Judge (POCSO) has come to the conclusion that the prosecution has not proved its case beyond reasonable doubt.

The first issue that was to be determined by the learned trial Judge was the date of birth of the victim, who has been examined as PW4. She has stated in the examination-in-chief that her age is 17 years and that she accompanied the appellant on her own accord. However, in cross examination, she has stated that her date of birth is 30.04.1999 thereby she was major on the date of the incident or occurrence.

In that view of the matter, as the evidence is available on record, it can be interpreted in two ways and the learned trial Judge has taken one view.

This Court is of the opinion that only because the Appellate Court takes a different view of interpreting the said evidence, a judgement of acquittal cannot be converted into a judgment of conviction. So, this Court is of the opinion that, prima facie, there is no compelling and substantial circumstance to grant the Leave to Appeal. In that view of the matter, the application for Leave to Appeal is hereby rejected.

GA No. 93 of 2020 Since the Leave to Appeal against acquittal has been rejected, the Government Appeal is not maintainable and is hereby dismissed.

(Alok Kumar Verma, J.) (S.K. Mishra, J.) 13.09.2022

Neha/SB