Sanjiv Khanna, J. (Oral):--

Crl. M.A. No. 4808/2014

Delay of 74 days in filing of the leave to appeal is condoned for the reasons given in the application seeking condonation of delay.

The application is disposed of.

Criminal Leave Petition No. 235/2014

1. By impugned judgment dated 5th October, 2013, the respondent has been acquitted, giving benefit of doubt, under Sections 363, 366 and 376 of the Indian Penal Code, 1860 (IPC, for short). The aforesaid prosecution arose out of FIR No. 31/2012, Police Station Nangloi dated 7th February, 2012.

2. In the present case, the amendments made to Section 375 IPC vide Criminal Law Amendment Act, 2013, effective from 3rd February, 2013 would not be applicable, for the reason that as per the charge sheet, the prosecutrix had gone missing on 2nd February, 2012 and was recovered along with the respondent-Raj Pal on 23rd February, 2012.

3. On the question of consent, the trial court in the impugned judgment has recorded a finding in favour of the respondent. We are inclined to accept the said finding. The parents of the prosecutrix Kiran (PW-3) and Ram Pal (PW-4) have endorsed that the respondent was their distinct relative, indicating that t