INDRAJIT CHATTERJEE,J. - (1.) We are hearing this appeal as against the judgment and order of acquittal dated 01.04.2009 passed by the then Additional Sessions Judge, Fast Track, 6th Court, Malda in Sessions Trial No.16 of 2008 arising out of Sessions Case No.225 of 2008 in respect of the charge punishable under Section 376 of the I.P.C as framed against the accused.
(2.) This appeal was filed under Section 378 (4) of the Cr.P.C by the de facto complainant/ the victim on 09.07.2009 along with a prayer for condonation of delay under Section 5 of the Limitation Act and also by filing an application for special leave to admit the appeal.
(3.) As per order dated 17.03.2010, this court was pleased to allow the application for "special leave to appeal' as against the judgment and order of acquittal referred to above. This Court vide order dated 07.05.2010 practically condoned the delay of 81 days, as claimed by the appellant. It was directed by this court 'this appeal would be heard'.;