IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Leave to Appeal No. 212 of 2025

With

Government Appeal No. 64 of 2025

State of Uttarakhand … Applicant

Versus

Rakesh Kumar … Respondent

Mr. K.S. Bora, Deputy Advocate General, for the

State/appellant.

J U D G M E N T return from the school and she had gone somewhere without any intimation. Subsequently, investigation was taken up, and the accused came to be arraigned as the person responsible for taking away the victim, who was allegedly a minor at the relevant time. On completion of investigation, charge-sheet was submitted, and the accused was charged under Sections 354(A), 363 and 366 IPC read with relevant provisions of the POCSO Act. The accused denied the charges and claimed trial.

Hon’ble Manoj Kumar Tiwari, J.

For the reasons indicated in the delay

condonation application (IA/1/2025), the same is allowed. Delay of 14 days in filing this appeal is

condoned.

2. By this petition under Section 419(3) of BNSS, State/petitioner is seeking leave to appeal against the judgment and order dated 8.5.2025, passed by Special Judge (POCSO Act)/Sessions Judge, Champawat in Special Sessions Trial No. 22/2023, thereby acquitting the respondent from the charge