O R D E R

% 29.08.2024

1. This hearing has been done through hybrid mode.

CRL.M.A. 13277/2023

2. ThepresentapplicationhasbeenfiledunderSection5oftheLimitation Act read with Section 482 of Cr.P.C. seeking condonation of delay of 191 days in filing the present leave petition.

3. Consideringtheavermentsmadeintheapplication,thesameisallowed and disposed of accordingly.

CRL.L.P. 262/2023

4. ThepresentleavepetitionhasbeenfiledbytheStateunderSection378 of Cr.P.C. seeking leave to challenge the impugned judgment of acquittal dated 24th March, 2022 passed by ld. Additional Sessions Judge (FTSC) POCSO, South District, Saket Court Complex, New Delhi in Sessions Case No.195/2017 titled Statev. ‘MR’andAnr.inFIRNo.591/2016registeredat P.S.Safdarjung Enclave under Sections 376/34 IPC and Section6 of POCSO Act, by which the accused/Respondents i.e., the mother and uncle (mausa) of the survivor have been acquitted by the Trial Court.

5. The Court has perused the testimony of the survivor and is of the opinion that this is a fit & proper case to grant leave to appeal. Accordingly, leave to appeal is granted.

6. The present criminal leave petition is disposed of.

CRL.A.............../2024 (to be registered)

7. Let the same be registered as a criminal appeal and the Registry is directed to number it accordingly.

8. Ld. counsel for the accused/Respondents has entered appearance and accepts notice of the admission of the appeal.

9. The Registry is directed to requisition the TCR and prepare the appeal paperbookwithproperindexing,paginationandbookmarksexpeditiouslyand provide digitized copies thereof to learned Counsels appearing on behalf of theparties,uponrequest. Letthe TCR betaggedalongwiththisappealbythe next date of hearing.

10. Consideringthenatureofthematter,letthepartiesobtaintheelectronic copy of the Court record from the Registry and file written synopsis along with judgments, if any, they wish to rely upon at least one week before the next date of hearing.

11. In the meantime, the accused/Respondent Nos. 1 and 2 shall appear beforetheJointRegistrar(Judicial)andbeadmittedtobailontheirfurnishing ofpersonalbondsinthesumof Rs.10,000/-asalsoonesuretyeachofthelike amount to the satisfaction of the ld. Joint Registrar (Judicial).

12. List before the Joint Registrar for the purpose of accepting and verifying the personal bond and surety on 19th September, 2024.

13. List before the Court on 6th November, 2024.

PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

AUGUST 29, 2024/dk/ms/sc