IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL DELAY CONDONATION APPLICATION IN LEAVE TO APPEAL APPLICATION IN GOVERNMENT APPEAL NO.8 OF 2005 The State Lakhpati Lal Versus ..… Appellant .… Respondents Dated: June 14, 2010 HON. DHARAM VEER, J. Heard Mr. Amit Bhatt, Additional Government Advocate for the appellant. None is present for the respondent. The present delay condonation application has been filed by the State for condoning the delay in filing the present appeal. The notice u/s 5 of the Limitation Act were issued to the respondents on 2.5.2005, but the notices were received unserved. Thereafter, State was given enough time for furnishing the correct address of the respondent, but the same has not been filed till today. Today, learned Additional Government Advocate for the State has submitted that whereabouts of the respondent are not known and in this regard a report has been received from District Magistrate, Tehri Garhwal telling the fact that the respondent is missing from his village since 2004. I have perused the delay condonation application. There is delay of 36 days in filing the present leave to appeal. The delay is sufficiently explained in the affidavit accompanying the application. The application is allowed. Delay is condoned. Also heard on leave to appeal and perused the impugned judgment and order dated 4.11.2004 passed by Additional Sessions Judge/F.T.C., Tehri Garhwal in Session Trial No.33 of 2004. Having gone through the entire judgment passed by the trial court, I do not find any sufficient ground to grant leave to appeal. The judgment and order of the trial court, on the basis of the evidence discussed, is correct and justified and from the same it seems that the victim as well as the respondent were major on the date of incident and they were the consenting party. Leave to appeal is refused. Consequently, the appeal also stands dismissed. (Dharam Veer, J.) 14.06.2010 RG