STATE OF J&P Vs. SHAM SINGH AND ORS.

JUDGEMENT

(1.) Feeling aggrieved of impugned judgment dated 30.12.2014 passed by learned Sessions Judge, Udhampur, whereby acquitting respondents-accused, namely Sham Singh, Prem Nath, Joginder Singh, Rekha Devi, Vidya Devi& Seema Devi in case FIR No.153/2012 of Police Station Ramnagar registered under Sections 376/323/147/382 RPC, State has filed SLAA No.83/2015 seeking leave to file Cr. Acq. Appeal. Since there is a delay of 79 days in preferring the appeal, State has also filed Condonation Application being Cond.(Cr.) No.68/2015 praying for condonation of said delay.

(2.) For the reasons mentioned in the condonation application, we are satisfied that a sufficient case for condoning the delay is made out. Delay of 79 days in filing the appeal is condoned. Cond.(Cr.) No.68/2015 is disposed of.

(3.) For the purpose of grant of leave to appeal, we deemed it appropriate to go through the merits of the appeal. However, in order to satisfy ourselves, we have with the able assistance of learned Addl. AG, gone over the judgment passed by learned trial Court and record of court below.