GA/101/2023
2023 Latest Caselaw 3283 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. 276 of 2023
                                  With
                                  GA No. 101 of 2023
                                  With
                                  IA No. 1 of 2023
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. V.K. Gemini, Deputy A.G., for the State of Uttarakhand.

This Government Appeal has been preferred, along with an application for Leave to Appeal, as well as on the Delay Condonation Application, being IA No. 1 of 2023, for seeking 60 days of condonation of delay.

So far as the reasons for condonation of delay is concerned, that has been satisfactorily explained.

Hence, the delay would stand condoned. After having heard the learned Government Advocate, and going through the records as available on record, and particularly, the judgment of acquittal, as rendered by the Court of Judicial Magistrate, Purola, District Uttarkashi, on 20th May, 2023, in view of there being a basic anomaly in conducting the investigation as recorded in para 18 and 21 of the judgment, as there was no FSL examination conducted with regard to the material which was seized by the Police Team, and owing to the benefit of doubt as extended by the learned Trial Court while recording the finding, that the prosecution has failed to prove the case beyond doubt, the judgment of acquittal has been rendered against the respondent.

I do not find any error in the judgment as such, which would call for to grant leave to the Government Advocate, to prefer the Criminal Appeal. Thus, the application for leave to appeal would stand rejected.

Consequently, the Government Appeal too would stand dismissed.

(Sharad Kumar Sharma, J.) Dated 30.10.2023 Shiv