GA/2/2023
2023 Latest Caselaw 1583 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                     COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 SPLA No.3 of 2023
                                 with
                                 I.A. No.1 of 2023 (Delay Condonation Appl.)
                                 In
                                 G.A. No. 2 of 2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, Deputy Advocate General with Mr. Pankaj Joshi, Brief Holder for the State of Uttarakhand/appellant.

There is no representation for the respondent.

This is an Appeal under Section 378 Cr.P.C. against the judgment & order dated 31.08.2022 passed by learned Additional Sessions Judge/F.T.S.C. Rudrapur, District Udham Singh Nagar in Special Sessions Trial No. 315 of 2020, whereby respondent was acquitted of the charges for the offence punishable under Section 376(2), 506 I.P.C. and Section 6 of POCSO Act.

2. There is delay of 34 days in filing this Appeal. A Co-ordinate Bench of this Court vide order dated 04.01.2023 directed for issuance of notice to the respondent on the question of limitation. As per office report dated 28.03.2023, notice has been served personally upon the respondent. There is no representation for the respondent.

3. For the reasons indicated in the delay condonation application, we are inclined to allow the same. Accordingly, the delay condonation application is allowed and the delay in filing the Government Appeal is condoned.

4. In the interest of justice, the Leave to Appeal application is adjourned to 20.07.2023, in order to give one more opportunity to the respondent to respond.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 08.06.2023 Arpan