STATE Vs. RAJU

JUDGEMENT

(1.) This Criminal Acquittal Appeal No. 191/2014 is directed against the judgment dated 27.09.2013 passed by the learned 3rd Additional Sessions Judge (Fast Track Court), Jammu, in File No. 69/Sessions, titled as, State v. Raju, whereby the learned trial Court, while dismissing the case of prosecution, acquitted the accused of the: offences under Section 363/376 RPC in case FIR No. 69/2005, registered at Police Station Bahu Fort, Jammu. A perusal of the impugned judgment reveals that the acquittal of the respondent-accused is well merited. The prosecutrix had several opportunities to run away as she was travelling to different places in public vehicles. Thus, she had sufficient opportunities at such public places thronged by multitude of people to raise an alarm to seek their help and narrate her woes. Her silence at such public places and public vehicles leads to the only conclusion drawn by the learned trial Court that she was a consenting party in the whole episode and had gone with the accused willfully without any threat, coercion or inducement. Even both the doctors in their statements had deposed that the prosecutrix was habitual of sexual inter-course and no mark of violence on any part of her body including genitalia was found. Therefore, we are of the considered view that there is no illegality or infirmity in the impugned judgment as the trial court was perfectly justified in acquitting the accused.

(2.) Since there is a delay of 212 days in filing the appeal, therefore, the appellant-State has also filed the condonation application bearing No. 184/2014, seeking to condone the delay in filing the appeal. Along with the condonation application, appellant-State has also filed SLAA No. 202/2014 seeking leave to file the appeal.

(3.) The reasons put forth by the appellant to seek condonation of delay are that after passing of the judgment on 27.09.2013, the matter was examined and forwarded to the Government for filing of acquittal appeal. Subsequently, the matter was considered at the administrative level and sanction for filing of the acquittal appeal was issued by the Department of Law, Justice and Parliamentary Affairs vide Order No. 878-LD(ACQ) of 2014 dated 18.02.2014. Thereafter, the counsel for appellant drafted the appeal and sent it to the applicant for signatures. It is averred that thereafter the applicant took some time to deliver the signed papers back to the counsel.