GA No. 237 of 2008 Hon’ble B.C. Kandpal, J. (Delay CondonationApplication No. 748 of 2008) Heard learned counsel for the appellant on the delay condonation application and perused the record. I find sufficient ground to allow the delay condonation application. Accordingly, delay condonation application is allowed. The delay in filing the appeal is hereby condoned. Heard learned A.G.A. for the State on the point of admission and perused the record. This appeal has been preferred by the State Government against the impugned judgment and order dated 26.03.2008 passed by learned Sessions Judge, Haridwar in Criminal Appeal No. 43 of 2006, Sanju Vs State under Sections 323, 354, 452 of I.P.C. whereby the learned Sessions Judge set aside the judgment and order dated 09.03.2006 passed by the Judicial Magistrate, Haridwar and acquitted the respondents from the charges leveled against him. Feeling aggrieved by the aforesaid judgment and order passed by the learned Sessions Judge, Haridwar acquitting the respondent, the State preferred this appeal before this Court. Heard learned A.G.A. on the point of admission and perused the impugned judgment passed by the court below. Having considered the arguments advanced by learned counsel for the State, I am of the view that the learned Sessions Judge has thoroughly scrutinized the evidence adduced by the prosecution and rightly acquitted the respondent/accused from the charges leveled against him. Learned Sessions Judge on the basis of the contradictory statement of the complainant and her wife as well as considering the circumstances of the case, acquitted the respondent from the charges framed by the learned Judicial Magistrate, Haridwar. The learned Sessions Judge has rightly acquitted the accused person, keeping in view the inconsistency in the evidence of the witnesses as well as in the light of the aforesaid reason; I do not find any merit in this appeal. Accordingly, the special leave to appeal is dismissed. Consequently, the government appeal also dismissed. (B.C.K., J.) 15.09.2008 ASWAL