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2020 Supreme(All) 810

ARVIND KUMAR MISHRA I
Dimpal – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Atul Kumar

JUDGMENT :

ARVIND KUMAR MISHRA-I, J.

1. Heard Sri. Atul Kumar, learned counsel for the appellant-informant, learned A.G.A. for the State and perused the material brought on record.

2. Grounds and reasons assigned for condoning the delay are satisfactory.

3. Delay is condoned.

4. Office is directed to allot regular number to this appeal.

5. Accordingly, delay condonation application is allowed.

6. By way of instant Criminal Appeal, leave to appeal has been sought by the appellant-informant against the judgment and order of acquittal dated 02.03.2020 passed by ADJ/Special Court (POCSO Act), Saharanpur, in Sessions Trial No. 62 of 2015 (State of U.P. vs. Arjun and Others) under Sections 354A, 354D, 323, 504, 506 I.P.C. and 7/8 POCSO Act, Police Station-Gagalheri, District Saharanpur, whereby the accused- respondents Arjun, Rohit and Sumit have been acquitted of the charges under Sections 354A, 354D, 323, 504, 506 I.P.C. and 7/8 POCSO Act by the aforesaid order.

7. The claim of the appellant is based primarily on two counts, first, that the finding of acquittal is conjectural and presumptive. Secondly, that the same is not based on material on record. Trivial contradictions have been relied up

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