IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL DELAY CONDONATION APPLICATION NO.512 OF 2008 IN SPECIAL LEAVE TO APPEAL NO.56 OF 2008 State of Uttarakhand Versus Krishna Kant Anand & another …...Applicant …….Respondents Dated: 01st July, 2008 Hon’ble Prafulla C. Pant, J. Hon’ble Dharam Veer,J. Sri Harish Pujari, learned Addl. GA for the applicant/appellant, is present. This is delay condonation application no.512/2008 for condonation of delay in filing the appeal against the judgment and order dated 27.02.2008 passed by learned Sessions Judge, Tehri Garhwal in Sessions Trial No.28/2005, whereby respondents Krishnakant Anand and Rakesh Dangwal are acquitted of the charge for the offence punishable under Sections 354, 366 & 376 I.P.C. Heard. There is delay of 32 days in filing the appeal, which is sufficiently explained in the affidavit of Dinesh Chandra Uniyal, Naib Tehsildar. Delay condonation application is allowed. Delay is condoned. Also heard on leave to appeal and perused the impugned judgment and order challenged through this appeal. There is categorical finding of trial court with reasons after appreciating the evidence that both the girls were major. They had run away from Nari Nikaten when they met accused persons. It is further observed by the trial court that the evidence adduced by the girls itself shows that they on their own volition went with accused Krishnakant and lived in his house for four days, when the Patwari along with one D.D. Pant reached there. Trial court has given the finding that it is a case of consented sexual intercourse. Having gone through the impugned judgment and order, we do not find it a fit case for leave. Leave to appeal is refused. Appeal is dismissed summarily. Arti (Dharam Veer, J.) (Prafulla C.Pant, J.) 01.07.2008