G.S. SISTANI, J.

CRL.M.A. 15866/2017(exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.M.A.15865/2017(delay)

3. This is an application filed by the petitioner seeking condonation of 93 days delay in filing the leave to appeal. We find no ground to condone the delay in filing the leave to appeal, however, since we have examined the case on merits, delay of 93 days in filing the leave to appeal is condoned.

4. The application stands disposed of.

CRL. L.P. 558/2017

5. The present leave to appeal has been filed by the State under Section 378(1) of the Code of the Criminal Procedure, 1973 (“Cr.P.C.”) against the impugned judgment dated 10.03.2017passed by the learned Trial Court in Sessions Case No.57922/16 arising out of the FIR No.427/12 registered at Police Station Shahbad Dairyunder Sections363, 366 and 376 of the Indian Penal Code (“IPC”), by which the respondent has been acquitted.

6. The case of the prosecution, as noticed by the Trial Court, is reproduced as under:

“1. Accused is facing trial in the present case on allegations of kidnapping prosecutrix“S” aged around 14 years and committing her rape.

2. Initially FIR in qu