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RITU BAHRI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Gurbinder Singh – Respondent
JUDGMENT :
Alok Kumar Verma, J.
These two Appeals have arisen from a common judgment dated 02.09.2023, passed by learned Sessions Judge, Udham Singh Nagar in Sessions Trial No.92 of 2012, “State vs. Gurbinder Singh” and in Sessions Trial No. 279 of 2012, “State vs. Balvinder Singh alias Billa and Satpal alias Kali,” by which, the respondents – accused persons have been acquitted from the offence punishable under Section 342 of the Indian Penal Code, 1860 (in short, “I.P.C.”) and Section 376 (2) (g) I.P.C.
2. The delay of 100 days in filing the Government Appeal No.23 of 2014 was condoned and leave to appeal was granted on 10.12.2015.
3. The delay of 100 days in filing the Government Appeal No.22 of 2014 is condoned and leave to appeal is granted. Admit the Government Appeal No.22 of 2014.
4. The Government Appeal No.22 of 2014 will be treated as a leading case.
5. In short, the prosecution case is that the prosecutrix’s father (PW1) informed the police Nanakmatta, District Udham Singh Nagar through his written information dated 15.11.2011 (Ext. Ka2) that on the night of 11/12.11.2011, his daughter (PW1) had gone for defecation. She did not return home. He had given an information to the
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