SPLA/246/2022
2023 Latest Caselaw 1254 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                       COURT'S OR JUDGES'S ORDERS
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             Registrar's order
              with Signatures
                                  SPLA No.246 of 2022
                                  With
                                  IA No.1/2022 (Delay Condonation Application)
                                  IN
                                  GA No.110 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. J.S. Virk, Deputy Advocate General along with Mr. Rakesh Joshi and Mr. Pankaj Joshi, Brief Holders for the State/appellant.

2. Mr. Ravindra S. Rawat, Advocate holding brief of Mr. Gaurav Singh, Advocate for the respondent.

3. This is an Appeal against acquittal, filed under Section 378 (3) of the Code of Criminal Procedure, 1973. The respondent was charged under Sections 376 (2)(n) & 506 IPC, but was acquitted of both the charges by the impugned judgment dated 06.06.2022, rendered by Children's Court/District & Sessions Judge, Tehri Garhwal.

4. There is a delay of 103 days' in filing the appeal.

5. Learned counsel for the respondent submits that he does not propose to file any objection and the delay be condoned.

6. Having considered, this Court is of the view that delay deserves to be allowed. Delay condonation application is allowed. The delay of 103 days' in filing the appeal

is condoned.

7. Let objections be filed by the respondent on an application seeking leave to appeal within four weeks.

8. List this matter on 30.06.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 04.05.2023 AK