RAJANI DUBEY,J. - (1.)Heard on prayer for condonation of delay in filing the appeal as well as on prayer for grant of leave to appeal. The appeal is barred by 72 days.
(2.)This appeal has been filed against the judgment of acquittal dtd. 11/2/2022 passed by learned Additional Sessions Judge (FTC), Korea at Baikunthpur (C.G.) in Sessions Case No. 06/2021, whereby the respondent has been acquitted from the charges punishable under Ss. 376(1) and 506 of the Indian Penal Code.
(3.)Learned counsel for the appellant/State would submit that some delay occurred in filing the instant acquittal appeal due fulfillment of departmental formalities and working of the Government Machinery which is bona-fide, unintentional, therefore, the delay so caused in filing the instant appeal deserves to be condoned. He further submits that learned trial Court failed to appreciate the statement of victim/prosecutrix (PW-4), wherein she categorically stated against the respondent. Learned trial Court has also not appreciated the statement of Ramnarayan (PW-3) who had seen the respondent running from the spot. In the present case, there were specific evidence lead by the prosecution against the respondent but the learned trial Court ignored the same and acquitted the respondent from the aforesaid charges. Therefore, this Cr.M.P. may be admitted.