STATE OF UTTARAKHAND Vs. SANJAY KUMAR AND ORS.

JUDGEMENT

(1.) THERE is 174 days delay in the filing the present appeal. For the reasons stated in the application, we are satisfied that delay in filing the appeal has been properly explained, therefore, delay in filing the present appeal is condoned. CRMA No. 14526 of 2013 stands disposed of accordingly.

(2.) STATE is seeking leave to appeal assailing the judgment and order dated 14.01.2013 passed by 2nd Additional Sessions Judge, Haridwar in Sessions Trial No. 71 of 2001, whereby accused/respondents were acquitted from the charges for the offences punishable under Sections 366, 368 and 376 of I.P.C.

(3.) PERUSAL of Ex. (A1), F.I.R. dated 12.08.2000 would reveal that the prosecutrix was in love with Sanjay Kumar (accused), therefore, she was shifted to the house of Anil Kumar (real uncle of the informant) in Mohalla Kankhal, District Haridwar from Meerapur, District Muzzaffarnagar on 30.07.2000; on 31.07.2000, Sanjay Kumar alongwith his brother Sunil Kumar and mother Smt. Mithilesh, uncle Ram Ratan and Smt Anita came from Meerapur, Muzzaffarnagar to Kankhal, Haridwar and took the prosecutrix with them after inducing her; prosecutrix was recovered from the house of Hari Om respondent No. 2 on 15.09.2000; prosecutrix was medically examined and she was found to be above 18 years of age.