GA/117/2022
2023 Latest Caselaw 2317 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
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              with Signatures
                                  SPLA No.257 of 2022
                                  With
                                  GA No.117 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Amit Bhatt, learned Deputy Advocate General for the State/appellant.

2. Mr. Lokendra Dobhal, learned counsel for the respondent.

SPLA No.257 of 2022

3. State has sought leave to appeal against judgment and order dated 26.07.2022, passed by learned F.T.C./Special Judge (POCSO)/Additional District and Sessions Judge, Dehradun in Special Sessions Trial No.29 of 2020. By the said judgment respondent has been acquitted of charges under Section 376 IPC and Section 5/6 of POCSO Act, 2012.

4. Learned counsel for the State submits that the respondent has been acquitted by trial court by completely overlooking the material evidence available on record. It is further submitted that the only reason for acquittal of the respondent is that there was a property dispute between parents of the victim and the accused, which led to false implication of the respondent, which was also admitted by the prosecution witness.

5. It is further contended by learned counsel for the State that the victim throughout has supported the prosecution case and there was no contradiction in her statement recorded under Section 161 and 164 of Cr.P.C. and also before the trial court.

6. It is again contended that the victim is a minor girl, who was ten years old at the time of the offence and trial court has misread the material evidence, which pointed towards the complicity of the respondent.

7. After perusal of the impugned judgment and the Lower Court Record, we are of the considered opinion that this is a fit case, in which, leave to appeal ought to be granted.

8. Accordingly, we allow the application seeking leave to appeal.

GA No.117 of 2022

9. Admit.

10. Registry is directed to prepare copy of the paper book and supply the same to learned counsel for the appellant within eight weeks, on payment of usual charges.

11. List this case on 19.12.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 21.08.2023 SK