Kailash Gambhir, J.

1. The present Criminal Leave to Appeal has been preferred by the petitioner/State under Section 378 Cr.P.C. to challenge the judgment dated 08.10.2010 passed by the learned Additional Sessions Judge, Rohini Courts, New Delhi whereby the learned Additional Sessions Judge has acquitted the respondent from all the charges framed against him under Sections 363/364/365/302 of the Indian Penal Code, 1806 (hereinafter referred to as IPC).

2. Mr. Dayan Krishnan, Additional Standing Counsel appearing for the petitioner/State, submits that the learned Trial Judge has failed to appreciate that the prosecution has been able to prove that the deceased was lastly seen with the accused by the PW-1, PW-2, PW-3 and PW-4, when he took the deceased in a white coloured Maruti car. The contention raised by the learned counsel for the petitioner is that once it was proved on record by the prosecution that the deceased was lastly seen in the company of the accused and thereafter, the deceased was found dead on 20.01.2001 at 6.50 a.m., then the onus shifts on the accused to explain the circumstances which led to the death of the victim and on failure of the accused to offer an