STATE OF U P Vs. BABLU SINGH

JUDGEMENT

(1.) This leave to appeal has been filed with an inordinate delay of 1 year two months and 24 days.

(2.) In reply to the application for condonation of delay, the respondents have filed a counter affidavit. Paras 6 and 7 of the affidavit are reproduced hereunder:

(3.) There is a vehement opposition on affidavit as well as orally to the prayer for condonation of delay. That apart, we also examined the impugned judgment and we found no merit in the contentions of the learned State Counsel. The criminal trial originated in an F.I.R. which was registered only under Section 354 I.P.C. In the statement recorded under Section 161 Cr.P.C., it was not the case of the prosecutrix that she had been subjected to forcible sexual intercourse, but later by way of submitting an application under Section 156(3) Cr.P.C., an F.I.R. under Section 376 I.P.C. was registered.