GA/14/2023
2023 Latest Caselaw 2104 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                      COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  SPLA No. 35 of 2023
                                  With
                                  GA No. 14 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, learned D.A.G. alongwith Mr. Pankaj Joshi, learned Brief Holder for the State of Uttarakhand/appellant.

2. Mr. Lalit Sharma, learned counsel for the respondent.

3. This appeal has been filed under Section 378(3) of Cr.P.C., against the acquittal dated 16.06.2022, recorded by learned Special Session Judge(POCSO Act)/District and Session Judge, Tehri Garhwal in Special Session Trial No. 19 of 2018, State Vs. Gajendra Singh Chauhan. By the impugned judgment, respondent has been acquitted of the charge for offences punishable under Sections 342, 376(2)(b), 116, 302 r/w 511 and 506 of IPC and 5(c)/6 of Protection of Children from Sexual Offence Act, 2012.

4. An application for condonation of delay (IA No.1 of 2023) has been filed. As per office report, there is a delay of 159 days in filing this appeal.

5. It is stated that the application for obtaining the certified copy of the impugned judgment was made to the concerned Court on 20.06.2022 and the certified copy was delivered to the appellant only on 03.11.2022. Thereafter, some time was taken in getting necessary permission from the State Government.

6. We are satisfied that there is proper explanation of the delay. Accordingly, we condone the delay of 159 days.

of 2023) is accordingly allowed.

8. List on 05.10.2023.

9. Objection(s) to the application seeking leave to appeal may be filed, in the meantime.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 07.08.2023 PN