STATE Vs. GANGA RAM

JUDGEMENT

(1.) Upon cognizance being taken on the report under Section 173 of the Code of the Criminal Procedure, 1973 (Cr.P.C), submitted on conclusion of investigation into FIR No. 272/2012 of Police Station Shahbad Dairy, the respondent herein stood trial in Sessions case No.91/2012 on the charge for offences punishable under Sections 363 & 376 (2)(f), 1860 of the Indian Penal Code, 1860 (IPC) on the allegations that on 11.08.2012 at about 8 am, he had kidnapped a girl child (PW-21) aged about 10 years, daughter of the first informant Dalip Kumar (PW-16) from near her house in Metro Vihar, Phase-I, Holambi Kalan, Delhi and thereafter committed rape upon her during the period from 11.08.2012 till 18.08.2012. By judgment dated 02.12.2014, the learned trial court held that the prosecution had failed to prove its case against the respondent beyond reasonable doubts and, thus, acquitted him.

(2.) The State has brought this petition under Section 378(3) Cr.P.C praying for leave to appeal seeking to assail the view taken in the impugned judgment about the evidence adduced at the trial.

(3.) The petition to leave to appeal was preferred with delay of about 150 days and, therefore, an application under Section 5 of the Limitation Act, 1963, Crl.M.A. 1333/2015, for condonation of delay has been filed. However, before issuing notice on the said application, we deemed it appropriate to examine the leave to appeal on merits.