- (1.) Criminal Misc. No. 38709 of 2012. In view of the reasons mentioned in the application, it is allowed and a delay of 30 days in filing the appeal stands condoned.
(2.) Criminal Misc. No. A-489-MA of 2012. This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against the judgment of acquittal dated 29.2.2012.
(3.) Respondent No.2-Nasir was arrayed as an accused in FIR No. 492 dated 19.12.2009, Police Station Nuh, District Mewat, for commission of offences under Sections 376 & 511 IPC. The process of law was started on a complaint made by applicant/prosecutrix (PW.2). The trial Judge has noted the following facts regarding her case:- "On 19.12.2009, Smt. Hakiman wife of Sh. Jakir, resident of village Ghasera moved an application to the SHO, P.S. Nuh that as soon as she sat to discharge the urine on the earth after opening the string of her salwar near their tractor trolley in the boundary wall of their house after getting up from the cot at about 3/3.30 a.m. as usually as she used to woke up to perform 'Namaj of Tahajut' then Nasir son of Hassan Mohd., resident of village Ghasera came beneath the tractor trolley at once and embraced her and laid her down on the earth and after closing her mouth with one hand and lowering her salwar, tried to commit rape with her and she removed the hand of Nasir from her mouth with very difficulty and called her husband Jakir son of Abdul Rahim to rescue her from Nasir on which her husband when tried to come out from the varanda of the house by running by getting up from the cot in the underwear and vest then Nasir let her and ran away.";