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2019 Supreme(Del) 2286

MANMOHAN, SANGITA DHINGRA SEHGAL
State (Govt. of Nct of Delhi) – Appellant
Versus
Akram – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Aashaa Tiwari, APP with Insp. Bishambar, PS Mundka.

JUDGMENT :

MANMOHAN, J.

CRL. M.A. 40551/2019

Keeping in view the averments in the application, the delay in filing the criminal leave petition is condoned.

Accordingly, the application stands disposed of.

CRL. M.A. 40552/2019 (for exemption)

Allowed, subject to just exceptions.

CRL.L.P. 615/2019

1. Present criminal leave petition has been filed on behalf of the State challenging the judgment/order of acquittal dated 04th June, 2019 passed by Additional Session Judge–06, West, Tis Hazari Courts, Delhi, in State Case UID No.56015/16, New SC No.147/17 and Old SC No.135/13 titled State vs. Akram arising out of FIR No. 63/13 registered with Police Station Mundka. The Trial Court in its impugned judgment has held as under:-

    “33. Thus, the prosecution has failed to prove its case either through the direct evidence of PW8, the prosecutrix, who was the sterling witness of the prosecution or through PW2 & PW3, the grandmother (Nani) & father of the prosecutrix who have also not deposed any incriminating evidence against the accused rather they were declared hostile on behalf of the prosecution and thus, nothing could come on record to state that the accused has committed a wrong act regarding the all

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