STATE OF UTTARAKHAND Vs. SANJAY
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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BARIN GHOSH, J. -
(1.) THERE has been 65 days' delay in preferring this appeal. An
Application for condonation of delay has been filed. That is not being
objected to by the respondents. We have independently considered the
averments made in the Application for condonation of delay and, being
satisfied with the reasons furnished for the delay, allow the Application.
(2.) BEING aggrieved by the judgment and order, by which the court below has refused to convict the respondents, appellant seeks to prefer an
appeal and, accordingly, has filed an Application seeking special leave to
prefer appeal. Heard learned counsel for the parties on that Application.
Respondents were charged for offences punishable under Sections 363, 366, 368 and 376 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(3.) A report was lodged by the mother of the victim, where she indicated that the victim, a 17 years' old girl, is missing and, despite all
efforts made, she could not be located. Later on, she informed the police
station concerned that the whereabouts of her daughter have been located
and that she had been subjected to kidnapping and gang -rape. It was
indicated that she belongs to Scheduled Caste community. It was alleged
that the respondents, in turn, raped the victim. The victim was sent for
medical examination, when it was found that there is no medical sign of
rape of the victim. The medical officers also opined that she was 17 plus.
Investigation was completed and, thereafter, a charge -sheet was filed
against the respondents. On the basis of the charge -sheet, charges were
framed for the offences punishable under the provisions of law mentioned
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