J U D G M E N T

SANGITA DHINGRA SEHGAL, J (Oral)

CRL. M.A.4692/2020 (exemption)

Allowed, subject to all just exceptions.

Application stands disposed of.

CRL.L.P. 186/2020

1. By the present Leave Petition filed under Section 378 (3) of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) the State seeks leave to appeal against the judgment dated 23.10.2019 passed by the learned Additional Sessions Judge-09 (POCSO) West District, Tis Hazari Courts, New Delhi, whereby the respondent No. 1/ Saan Mohd. @ Sonu was acquitted of the charges punishable under Sections 363/366/34 of the Indian Penal Code (hereinafter referred to as ‘IPC’) and Sections 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO’) and Respondent No. 2/Neeraj was acquitted of the charges punishable under Sections 363/366/34 IPC and Sections 17 POCSO.

2. The brief facts of the case, as mentioned by the learned Trial Court are reproduced as under:

“1. The accused persons namely SaanMohd. @ Sonu and Smt. Neeraj have been sent for trial by Police Station Ranhola for the offences punishable under Section 363/364/34 of Indian Penal Code (hereinafter referred to as IPC); accu