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2023 Supreme(Del) 3805

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
State – Appellant
Versus
Sushil @ Ekka – Respondent


Advocates appeared:
Ms. Manjeet Arya, APP, for State.
Mr. Manoj Verma, Advocate, for accused Jaiveer and Sushil @ Ekka.
Mr. Gaurav Singh Adhana, Ms. Varsha Tanwar and Ms. Sadhna, Advocates, for accused Sunny.
Insp. Sanjay Dahiya, P.S. Pul Prahladpur.

JUDGMENT (Oral)

CRL.M.A. 18613/2022 (Condonation of delay)

1. Vide the present application, the petitioner/State seeks condonation of 868 days. delay in filing the present Criminal Leave Petition.

2. For the reasons and grounds stated in the present application, the application is allowed, the delay of 868 days in filing the present Criminal Leave Petition is allowed.

3. Accordingly, the application is disposed of.

CRL.L.P. 449/2022

4. The present Criminal Leave Petition under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C., 1973') has been filed on behalf of the petitioner/State seeking Criminal Leave to Appeal against the Judgment dated 22.01.2020 whereby the learned Additional Sessions Judge-01, POCSO Act, South-East District, Saket Courts, New Delhi acquitted the accused/respondents Sushil @ Ekka, Jaiveer @ Titu, Lalit and Sunny of the charges punishable under Sections 363/342/506/34/376(g) of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC, 1860') registered vide FIR No. 181/2011 at Police Station Pul Prahalad Pur, New Delhi.

5. The case of the prosecution in nut shell is that in the month of March, 2010, the respond

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