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2017 Supreme(Del) 2350

G.S.SISTANI, CHANDER SHEKHAR
State – Appellant
Versus
Kishan Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ranbir Singh Kundu

JUDGMENT :

G.S. Sistani, J.

Crl.M.A. 11278/2017 (Exemption)

1. Exemption allowed, subject to all just exceptions.

2. Application is disposed of.

Crl.M.A. 11277/2017 (Delay)

3. This is an application under Section 5 of the Limitation Act filed by the appellant seeking condonation of 117 days” delay in filing the present leave to appeal.

4. Although there is no reason to condone the delay, but since we have heard the matter on merits, the delay is condoned.

5. The application stands disposed of.

CRL.L.P. 393/2017

6. The present leave to appeal has been filed by the State under Section 378(1) of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) against the judgment dated 21.12.2016 passed by the Additional Sessions Judge (“Trial Court”) in SC 55994/2016 (old SC 130/2013) arising out of FIR 105/2013 registered at Khyala Police Station, whereby the accused/respondent herein stands acquitted of the charge under Section 6 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”).

7. The case of the prosecution as noticed by the Trial Court is as under:

“1. Brief facts of the case are that the in the case in hand, FIR has been lodged on the statement of Ms. 'S' (presumed name of the co














































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