Court No. - 1 Case :- APPLICATION U/S 378 DEFECTIVE No. - 79 of 2025 Applicant :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Opposite Party :- Mukesh Counsel for Applicant :- G.A. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned A.G.A. for the State. 2. An application under Section 419(3) B.N.S. has been filed seeking leave to file appeal against the judgment and order dated 12.12.2024 passed by the learned Sessions Judge, Unnao acquitting the opposite party in sessions trial no. 906 of 2022 arising out of case crime no. 261 of 2022 under Section 376 I.P.C., police station Mauranwa, district Unnao whereby the trial court has acquitted the opposite party. 3. The trial court has come to the conclusion that the complainant has not mentioned any date and time of the incident either in the F.I.R. or in her statement. As per the educational certificate, the victim was major on the date of lodging of the F.I.R. 4. The informant has declined to undergo medical examination and she has admitted that she was in a loving relationship with the opposite party. There is no document or medical evidence to prove physical relationship between the opposite party and the complainant. Although the complainant has stated in her oral evidence that the opposite party made physical relationship with her but there is no evidence that the opposite party made physical relation against the wishes of the complainant. 5. We are of the considered view that the reasons recorded by the trial court do not appear to be perverse warranting interference by this Court in exercise of its appellate jurisdiction. 6. Learned A.G.A. failed to make out any ground for granting leave to the State to file appeal against the aforesaid order of the acquittal. 7. The leave application is accordingly rejected. 8. As the application seeking leave to file appeal has been rejected by this Court no occasion arises for condoning the delay in filing the appeal when the leave for filing of appeal has not been granted. 9. The delay condonation application is accordingly disposed of. . [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 16.6.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench