Delhi High Court - Orders
State vs Tofil Ahmad @ Sonu Singh on 5 September, 2023
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait, Neena Bansal Krishna
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.L.P. 117/2021
STATE ..... Petitioner
Through: Mr.Tarang Srivastava, APP for
State.
Insp.Satbir Singh PS Dwarka
South.
versus
TOFIL AHMAD @ SONU SINGH ..... Respondent
Through: Mr.Rajesh Mahajan, Adv. with
respondent in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 05.09.2023
1. The present petition has been preferred on behalf of the petitioner- State seeking setting aside of the impugned judgment dated 21.12.2019 passed by learned Additional Sessions Judge-04 (POCSO), [S.C. No.440308/2016] whereby the respondent was acquitted in FIR No.227/2014, registered at P.S. Dwarka North, for the offences punishable under Section 6 read with Section 5(1) of POCSO Act.
2. Notice issued.
3. Learned counsel for respondent accepts notice and has strongly opposed the present petition stating that the impugned judgment acquitting the respondents of the offences charged with, is well merited Crl.L.P. 117/2021 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:38:07 and calls for no interference by this Court.
4. Upon going through the averments made in the present petition and prima facie perusal of the impugned judgment, we find that the copy of school certificate placed on record and proved by the school authorities, establishes that at the time of alleged incident, the prosecutrix was less than 18 years of age and also the semen of the accused was detected from the labial swab, vaginal swab, cervical swab and from the panty of the child victim. However, the learned Trial Court has acquitted the respondent/accused giving them benefit of doubt.
5. In the considered opinion of this Court, present petition deserves to be allowed and we hereby grant leave to appeal to State. Crl. A. No............/2023 (to be registered)
6. Criminal appeal be registered.
7. Admit.
8. Registry is directed to prepare paperbook. E-copy of the same be supplied to learned counsel for respondent before the next date of hearing.
9. Learned counsel for respondent accepts notice of the admission of the appeal.
10. Respondent shall appear before the learned Joint Registrar on 27.09.2023 and be admitted to bail on his furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount.
11. Renotify on 11.12.2023 for 'Final Hearing'.
Crl.L.P. 117/2021 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:38:07
12. Parties are directed to file written submissions not exceeding five pages with relevant judgments/documents relied upon by them with relevant portion duly highlighted for convenience of this Court within four weeks from today.
SURESH KUMAR KAIT, J NEENA BANSAL KRISHNA, J SEPTEMBER 05, 2023/ab Crl.L.P. 117/2021 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 16:38:07