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2022 Supreme(P&H) 1988

SURESHWAR THAKUR, KULDEEP TIWARI
State of Haryana – Appellant
Versus
Shyam Sunder – Respondent


Advocates appeared:
Mr. P.P.Chahar, DAG, Haryana, for the Appellant.

JUDGMENT

Kuldeep Tiwari, J. - CRM-38642-2018

1. This is an application for condonation of delay of 92 days in filing the present appeal.

2. Heard, sufficient cause has been shown for condoning the delay in filing the appeal. Hence, the application is allowed.

Main case

3. Instant application, for grant of leave to appeal, is directed against the order of acquittal recorded by Addl. Sessions Judge (Exclusive Court for Heinous Crime against Women and Children), Yamuna Nagar at Jagadhri. The Trial Court acquitted the accused-respondent from the charges framed under Sections 420, 376, 328, 506 IPC, 1860 vide judgment dated 28.03.2018.

4. The appellant-State has assailed the impugned order on the ground that the statement of complainant/prosecutrix (name of the prosecutrix is withheld in view of provisions of Section 228(A) of IPC) hereinafter, referred as complainant, was not appreciated by the trial Court in its right perspective. And that the prosecution has proved its case beyond reasonable doubt. It is further submitted that apart from the statement of the complainant, prosecution successfully proved documentary evidence (that are/that were brought) on record, which further corroborate t

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