SPLA/135/2022
2023 Latest Caselaw 1826 UK

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                                      SPLA No.135 of 2022
                                      With
                                      GA No.67 of 2022
                                      Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, Deputy Advocate General for the State/appellant.

Mr. Piyush Garg, learned counsel for the respondent/accused.

2. This is an application seeking leave to appeal against the judgment and order dated 21.12.2021 passed by learned Special Judge (POCSO)/Additional District Judge/Fast Track Court, Haldwani, District Nainital in Special Sessions Trial No.37 of 2017, State vs. Babloo Bisht @ Balwant Singh, who has been acquitted of the charges under Section 376(2) IPC and under Section 5/6 of The Protection of Children from Sexual Offences Act, 2012.

3. This is a case where the victim, a 6 years old student of a school, was ravished by respondent/accused. The incident came to light when the victim shown her reluctance to go to the school; it is only on asking of informant and his wife; it was disclosed that one teacher used to abuse her sexually by touching her private parts and by inserting some articles like a stick into her vagina.

4. According to informant, the victim identified the said teacher through his photograph on facebook. Consequently, First Information Report was lodged on 19.04.2017 Ext. Ka 1 at Police Station Haldwani, District Nainital on the basis of which a named FIR was lodged against the accused/respondent.

5. Learned Deputy Advocate General for the State Mr. J.S. Virk argued that the victim supported the version of FIR and medical evidence to support the prosecution case but the learned trial court ignoring the evidence on record acquitted the respondent.

6. Per contra, learned counsel for respondent Mr. Piyush Garg vehemently argued that there are serious contradictions in the case of prosecution and supported the judgment of acquittal in favour of respondent.

7. We have perused the impugned judgment and evidence very carefully. We are of the considered opinion that this is a case where leave to appeal should be granted. Accordingly, the application for grant of leave is hereby allowed and leave to appeal is granted.

Government Appeal No.67 of 2022 Heard.

Admit the appeal.

There is no need to issue fresh notice to the respondent/accused as he is being represented by his Advocate Mr. Piyush Garg.

The paper book has already been prepared and supplied to the parties.

List this case on 18.08.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 13.07.2023 Arti