STATE OF UTTARAKHAND Vs. HARDAYAL

JUDGEMENT

(1.) In this application, filed under Sec. 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code', for brevity), the appellant-State of Uttarakhand has prayed for grant of leave to appeal against an order of acquittal.

(2.) The proposed respondents in this case have been acquitted by the learned First Additional District and Sessions Judge, Udham Singh Nagar in Session Case No. 305 of 2013 as per the judgment dtd. 31/8/2021 on the ground that the prosecution has failed to establish the complete chain of circumstances unerringly pointing towards the guilt of the accused respondents.

(3.) The appeal is filed with a delay of 25 days. Keeping in view the short duration of delay, and the red tapism that is generally found in the administrative matters, the delay of 25 days is, hereby, condoned. Delay Condonation Application (IA No. 01 of 2021) is, hereby, allowed.