State v. Anju Goyal

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 539/2018 STATE ..... Petitioner Through:

Ms. Nandita Rao, ASC (Crl.) along with SI Veer Baksh, PS S.B. Dairy.

versus ANJU GOYAL ..... Respondent Through: None.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE VINOD GOEL

O R D E R

% 17.08.2018 Crl.M.A. 30135/2018 (exemption)

1. Allowed, subject to all just exceptions.

Crl.M.A. 30134/2018 (delay)

2. For the reason stated in the application, the delay is condoned. The application is disposed of.

CRL.L.P. 539/2018

3. This is a petition by the State seeking leave to appeal against the order dated 11th April, 2018 passed by learned Additional Sessions Judge-01, POCSO Act, Delhi, acquitting the Respondent of the offences under Section 6 read with Section 17 POCSO Act and Section 376 (2) (i) read with Section 511 IPC.

4. At the outset it requires to be noticed that the main accused i.e. husband of the Respondent, died during the pendency of the trial. The proceedings

against him abated by order dated 7th October, 2016 passed by the Trial Court.

5. The case against the Respondent, who has also been acquitted by the Trial Court, is that she abetted her husband in the offences with which he was charged. The trial Court found the testimony of the victim child unreliable and not corroborated by the medical and forensic evidence.

6. Having perused the impugned order of the trial Court, and having considered the submissions of learned Counsel for the Petitioner in light of the documents on record, the Court is not persuaded to come to a conclusion different from that reached by the trial Court. No grounds have been made out for grant to leave to appeal against the judgment of the trial Court.

7. The petition is dismissed.

S.MURALIDHAR, J.

VINOD GOEL, J.

AUGUST 17, 2018 "shailndra/sandeep"