IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Leave To Appeal No. 46 of 2010 In Government Appeal No. 37 of 2010 State of Uttarakhand …Appellant Versus Laxman Singh …Respondent Mr. Nandan Arya, learned A.G.A. for the State. None appeared on behalf of the respondent. Dated 10th August, 2010 Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. (Delay Condonation Application No. 868 of 2010) Heard Mr. Nandan Arya, learned A.G.A. for the State/applicant on the delay condonation application and perused the affidavit filed in support thereto. We find sufficient ground to condone the delay in filing the Special Leave to Appeal. Accordingly, delay condonation application is allowed. The delay in filing the Special Leave to Appeal is hereby condoned. Also heard on the Special Leave to Appeal and perused the entire material available on record. Having considered the entire evidence available on record, we are of the view that there is nothing which warrants the interference of this Court in the impugned order dated 1st May 2010 passed by the District & Sessions Judge Champawat whereby acquitting the accused of the charges under Sections 376, 452, 323, 504 & 506 of the I.P.C. The evidence assessed by the court below do not require to re-assess at this stage as we do not find any infirmity and error in the impugned judgment. The 2 special leave to appeal lacks merit and is liable to be dismissed. Accordingly, the special leave to appeal is dismissed. Consequently, the appeal against the acquittal of the accused/ respondent is also dismissed. (Nirmal Yadav, J.) (B.C. Kandpal, J.) VKG 10.08.2010