State v. Nitin Kumar

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 162/2021 STATE .....Petitioner Through:

Mr. Utkarsh, Additional Public Prosecutor for State with SI Ghanshyam

Versus

NITIN KUMAR .....Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 26.03.2025 CRL.L.P. 162/2021 1.

The present Leave to Appeal under Section 378(1) Cr.P.C. has been filed by the State against the Judgment dated 21.12.2020 passed by the learned Trial Court whereby the Respondent has been acquitted in case FIR No.313/2014, under Section 376 IPC and Section 6 of Prevention of Children from Sexual Offences Act, 2012, registered at Police Station Pul Prahlad Pur, Delhi.

2.

Respondent had been served and he appeared through Counsel, however, for last many dates he has not been appearing. 3.

Learned Additional Public Prosecutor for State submits that testimony of Prosecutrix (PW-1) was essentially consistent, except minor contradictions, which could have not have overweighed her testimony and therefore, the conclusion of the learned Additional Session Jude in The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/03/2025 at 12:24:07

acquitting the Respondent need to be set aside. 4.

Considering the above, the submissions, the Leave to Appeal is allowed. Appeal be registered.

5.

The Petition stands disposed of.

CRL.APPEAL ------ (to be numbered) 6.

Notice of the Appeal be issued to the Respondent by all prescribed modes, returnable on 09.10.2025.

7.

Be listed for arguments on 09.10.2025.

8.

E-Trial Court Record be requisitioned.

NEENA BANSAL KRISHNA, J MARCH 26, 2025 r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/03/2025 at 12:24:07