JUDGMENT (Oral)

1. An application under Section 378 (3) of the Code of Criminal Procedure, 1973 has been filed seeking Leave to Appeal against the judgment dated 04.10.2021 acquitting the respondent Pawan Kumar in case FIR No.250/2019 registered under Section 376(2)(n)/323 IPC registered at Police Station Palam Village, Delhi.

2. On the complaint of the prosecutrix that she had been raped by the respondent/accused Pawan Kumar, he was Charge Sheeted for the offence under Section 376 (2)(n) and 323 IPC.

3. The charges under Section 376 (2)(n) and 323 IPC were framed against the respondent/accused on 30.09.2019 to which he pleaded not guilty.

4. The prosecution in support of its case examined five witnesses. The most material being PW1 the prosecutrix `M', PW2 `D' the mother of the prosecutrix and PW3 `R' the brother of the prosecutrix. PW4 Vikas Kumar Tiwari is the neighbour and PW5 was W.SI Saroj the I.O of the case.

5. According to the testimony of prosecutrix `M' as PW1 the respondent/accused was known to her since last 5-6 years as he was the friend of her brother and used to visit their house. They exchanged mobile numbers and used to talk to each other and gradually became friends.