DINESH PATHAK,J. - (1.) Order on Criminal Misc. Delay Condonation Application No. 01 of 2020 :- Heard Shri Vikas Srivastava, learned counsel for the applicant on the application filed for condonation of delay in filing special leave to appeal under Section 378 (4) Cr.P.C. As per the report submitted by the Reporting Section, there is a delay of 18 days in filing of the present leave to appeal. 2. We have gone through the affidavit filed in support of the delay condonation application. Cause shown in the affidavit filed in support of the delay condonation application is found sufficient for condoning the delay. 3. Accordingly, delay in filing the instant leave to appeal is condoned. Delay Condonation Application is allowed. 4. Instant application, on board, is treated having been filed within time as prescribed by law. Order on Appeal :- 1. Heard Sri Vikas Srivastava, learned counsel for the appellant.
(2.) The present criminal application for special leave to file appeal (under Section 378 (4) Cr.P.C.) has been preferred by the present appellant (prosecutrix) against the judgment and order dated 23.10.2019 passed by Additional District and Sessions Judge/Fast Track Court (Offence against Women), Rampur in Sessions Trial No. 351 of 2015 (State of U.P. vs. Abrar and Others) acquitting all the three accused persons (respondents no. 2, 3 and 4) under Sections 376-D, 452, 323 and 506 I.P.C.
(3.) By means of instant application, applicant seeks the indulgence of this Court to grant special leave to appeal which is arising out of Complaint No. 254 of 2014 moved by the prosecutrix under Sections 376, 452, 504 and 506 IPC against Abrar (respondent no. 2), Hidakat Hussain (respondent no. 3) and Gose Azam (respondent no. 4) in the court of Chief Judicial Magistrate, Rampur leveling allegation against them that in the intervening night of 29/30.08.2013 at about 2:00 a.m., while victim was sleeping alone in her house, all the three accused persons, as mentioned above, armed with Tamancha (country made pistol) entered her house with intention to sexually assault her. While entering into the room, they grabbed the victim and subjected her, on the gun point, to rape and molested her taking a turn one by one.;