(1.) The present petition has been filed seeking grant of leave to appeal against the judgment dtd. 24/9/2019 passed by learned MM-05, New Delhi, Patiala House Courts, Delhi. Vide the impugned order, the learned MM has recorded acquittal of the respondent for the offence under Ss. 279/304-A in case FIR No. 484/2009 registered at PS Sarojini Nagar, District South, Delhi.
(2.) The State has filed the present petition for grant of leave to appeal on the ground that the judgment of acquittal recorded by learned MM is erroneous in law and therefore, the leave may be granted.
(3.) The respondent has contended that the learned Trial Court has rightly recorded the acquittal as PW-6, the only eye witness has not supported the case of the prosecution and, therefore, in absence of the credible evidence as to the rash and negligent driving by the respondent, the conviction could not have been recorded. Learned counsel for the respondent also submitted that the jurisdiction for the grant of leave is very limited. The Court can only grant the leave if there is patent illegality and perversity in the order of the learned Trial Court.