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Judgment
None is present on behalf of the respondent, despite the fact that the matter was passed over.
Mr. Harsh Prabhakar, DHCLSC Counsel, who is present before us in one other matter, has been requested to assist the Court on behalf of the respondent.
The present petition has been filed under Section 378(1) Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) by the State seeking grant of leave to appeal against judgment dated 09.01.2020 passed in Sessions Case No. 1933/2016 whereby respondent has been acquitted of charges under Sections 363, 366 and 376 of Indian Penal Code, 1860 (hereinafter referred to as IPC).
The only aspect which, presently, is to be considered is whether the prosecution has been able to make out a good case for grant of leave to appeal or not. Admittedly, at this initial juncture, the Court is not required to meticulously revaluate the entire evidence.
The prosecutrix has, apparently, supported the case of prosecution but, benefit of doubt has been given to the respondent merely on the basis of some contradictions.
According to Mr. Chauhan, learned APP, these contradictions are trivial in nature and in view of the convincing deposition of prosecutrix, these minor contradictions should not have been given any weightage.
We have gone through the material on record and testimony of prosecutrix and other witnesses and keeping in mind the overall facts we are of the view that good grounds exist for grant of leave to appeal.
Resultantly, we grant leave to appeal and direct that the present petition be registered as Criminal Appeal.
The appeal be, however, listed in due course
In the interregnum, both the respondents are directed to appear before learned Joint Registrar (Judicial) on 18.12.2025 for submitting personal bond and surety bond in a sum of Rs. 25,000/- each.
Let copy of this order be sent to respondent and his counsel.