STATE OF UTTARAKHAND Vs. SHANKU ALIAS SHANKAR BHATT
LAWS(UTN)-2012-4-64
HIGH COURT OF UTTARAKHAND
Decided on April 27,2012

STATE OF UTTARAKHAND Appellant
VERSUS
Shanku alias Shankar Bhatt Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) (Delay Condonation Application No. 142 of 2012)
(2.) LEARNED counsel appearing on behalf of the respondent does not seriously object to the application for condonation of delay in filing the application seeking special leave to prefer an appeal. We have considered the averments made therein and being satisfied with the reasons furnished therein, allow the application for condonation of delay. (Special Leave to Appeal No. 13 of 2012) Heard learned counsel for the parties on the merit of the application seeking special leave to prefer an appeal. Respondent herein faced trial, on being charged, of attempt to rape of a minor girl. The minor girl deposed in support of the prosecution story. The evidence of the minor girl has not been accepted by the court below, inasmuch as, the story made out by the minor girl was not corroborated by any other evidence. There was no evidence of injury of the minor girl and the medical report did not suggest that the minor girl was forced upon in the manner she deposed in the court. An attempt to rape does not require penetration, but it does require an action which is immediately prior to penetration. No evidence to that effect being present, the court below did not accept the story of attempt to rape. We have considered not only the judgment, but also the matters highlighted in the application seeking leave to appeal as well as the grounds of appeal. By looking at those, we have not been able to persuade ourselves to permit leave to prefer an appeal against the judgment sought to be appealed against. The application, accordingly, fails and the same is dismissed.;


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