SPLA/300/2025 of STATE OF UTTARAKHAND Vs YASHPAL ALIAS RADHE on 5 August 2026

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS

UKHC010209472025 SPLA/300/2025

State of Uttarakhand

…Appellant

Versus

Yashpal Alias Radhe --Respondent

With

GA No.112 of 2025 Hon'ble Ravindra Maithani, J. Hon'ble Siddhartha Sah, J.

Mr. B.N. Molekhi, learned counselfor the appellant.

Mr. Bhupendra Prasad, learned counsel holding brief of Mr. Karan Singh Dugtal, learned counsel for the respondent.

2. Appellant/State proposes to challenge judgment and order dated 30.05.2025, passed in Special Sessions Trial No.16 of 2022, ‘State vs. Yashpal alias Radhe, by the court of learned FTC/Additional Sessions Judge/Special Judge (POCSO), Haldwani, District Nainital. By it, the respondent-Yashpal alias Radhe has been acquitted of the charge under Section 376(a (b), 506 of IPC and Section 5(l)(m)/6 of the Protection of Children from Sexual Offences Act, 2012. There is a delay of 123 days in filing the Government Appeal.

3. Delay Condonation Application (IA No.1 of 2025) has been filed by the State.

4. It is not objected to by the learned counsel for the respondent.

5. Delay Condonation Application (IA No.1 of 2025) is allowed. Delay is condoned.

6. Heard on Special Leave to Appeal No. 300 of 2025.

7. According to the prosecution case, the victim, a young girl of 12 years was sexually assaulted on multiple occasions by the respondent, who was a neighbour. When the mother of the victim questioned the victim as to why she has not been eating properly, she revealed the trauma which she had undergone. The FIR was lodged.

8. Learned counsel for the State/appellant would submit that the victim was 12 years of age and she supported the prosecution case.

9. Having considered, the State may be permitted to challenge the impugned judgment and order dated 30.05.2025, therefore, Special leave to appeal is allowed.

10. Admit.

11. Respondent has already been served and he is represented.

12. Call for LCR.

13. Once the LCR is received, let paper book be prepared and provided the copies thereof to the learned counsel for the parties, as per Rules.

14. List in due course for final hearing.

(Siddhartha Sah, J.) (Ravindra Maithani, J.) 05-08-2026 JKJ/Akash