STATE OF J & K Vs. PAWAN KUMAR

JUDGEMENT

(1.) Notice was issued to the respondent. The report of the Station House Officer, who was directed to effect the service, is that the respondent refused to accept the notice. Such refusal would amount to service. It is in these circumstances that we are taking up the consideration of the applications in the absence of the respondent.

(2.) The delay which is sought to be condoned is of 137 days. For the reasons stated in the application and upon hearing the counsel for the State, we allow the application for condonation of delay and accordingly condone the delay.

(3.) This is an application seeking leave to appeal against the order of acquittal. By virtue of the judgment dated 03.12.2015 rendered by the Principal Sessions Judge, Udhampur in file No. 10/Sessions, the appellant has been acquitted of the charges framed against him under Sections 376/458/511 RPC. The case emanated from FIR No. 64/2013 under the said offences, which was registered in Police Station, Ram Nagar, on 29.05.2013.