STATE OF UTTARAKHAND Vs. RAJU @ KRISHNA

JUDGEMENT

(1.) Present appeal is preferred with 382 days delay. We have perused the accompanying affidavit to the application seeking condonation of delay. We are satisfied that delay has been property explained. Therefore, 382 days delay in filing the appeal is hereby condoned.

(2.) Application seeking condonation of delay (CRMA No. 1132 of 2014) is allowed. Present appeal is preferred assailing the judgment and order dated 30.03.2013, passed by Additional Session Judge, Vth, Dehradun, in Sessions Trial No. 121 of 2012, whereby respondent was acquitted for the offences punishable under Sections 363, 366 and 376 I.P.C.

(3.) PW5 prosecutrix, while appearing in the witness box, has stated on oath that she herself went with the accused Raju @ Krishna; both of them had sexual relations with the consent of each other as husband and wife; prosecutrix further stated that Raju @ Krishna never used any force to have sexual intercourse with her. PW2 Dr. Sujata Singh has opined that prosecutrix was more than 18 years of age and was habitual of sexual intercourse. PW2 Dr. Sujata Singh has not noticed any external and internal injuries on the person of the prosecutrix.