STATE OF UTTARAKHAND Vs. SANJAY
LAWS(UTN)-2013-12-13
HIGH COURT OF UTTARAKHAND
Decided on December 03,2013

STATE OF UTTARAKHAND Appellant
VERSUS
SANJAY Respondents

JUDGEMENT

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 above.;


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