JUDGMENT Alok Singh, J (Oral) Present appeal is filed with 113 days delay. 2. Mr. B.S. Adhikari, Advocate for the respondent has no serious objection, if 113 days’ delay is condoned in filing the appeal. 3. We have perused the affidavit filed in support of the application seeking condonation of delay. 4. For the reasons stated in the accompanying affidavit, delay condonation application no. 216 of 2014 is allowed. 113 days’ delay in filing the appeal is hereby condoned. Special Leave to Appeal No. 32 of 2014 5. Present appeal is preferred against the judgment and order dated 05.08.2013 passed by Addl. Sessions Judge, Almora in Sessions Trial No. 24 of 2008 whereby respondent, herein, was acquitted of the charges punishable under Section 376, 306 IPC. 6. Brief facts of the present case, inter alia are that Devi Dutt Bisht (PW2) has lodged an FIR with police station Ranikhet stating therein that his daughter Km. Deepa (deceased), aged about 24 years, was working in Kumaon Regimental Centre, Ranikhet as Civil Clerk; she was in service till November 2007; on 25.03.2008, PW2 and Km. Deepa had to go to Nainital to collect Marksheet and Km. Deepa had to come to Ranikhet to join the company of PW2, however, she did not turn up and her phone was found to be switched off; massive search was made for Deepa but in vain; on 26.03.2008 PW2 received one phone call from ASI Ashok Kumar Yadav, police station NDRS, Delhi informing him that dead body of Deepa was found on the railway track; thereafter, he went to Delhi and after postmortem collected the dead body of Km. Deepa. 7. It is important to mention here that there is no eye witness of the incident; there is no last seen evidence whereby it can be said that Km. Deepa was last seen in the company of accused soon before her death; there is no extra judicial confession of respondent; entire prosecution story is roaming around the alleged suicide note, which was recovered from the bag of Km. Deepa by Delhi Police at the time of finding her dead body on railway track. 8. Alleged suicide note wherein allegations were made that accused/ respondent, herein, has raped Km. Deepa and thereafter, refused to marry her, was sent for comparison of handwriting of Km. Deepa to FSL. Admitted handwriting of Km. Deepa by Delhi Police at the time of finding her dead body on railway track. 8. Alleged suicide note wherein allegations were made that accused/ respondent, herein, has raped Km. Deepa and thereafter, refused to marry her, was sent for comparison of handwriting of Km. Deepa to FSL. Admitted handwriting of Km. Deepa was also supplied to the FSL. After examination FSL has opined that no definite opinion can be given as to whether alleged suicide note was in the handwriting of Km. Deepa. In other words, it cannot be said that alleged suicide note is in the handwriting of Km. Deepa. 9. Since the entire prosecution case is roaming around the suicide note, which is not proved to be in hand writing of Km. Deepa, therefore, trial Court was fully justified in acquitting the accused/ respondent, herein. Consequently, no interference seems to be warranted. 10. In our opinion, no useful purpose would be served in granting the leave to appeal. Consequently, leave to appeal is declined. In the result, government appeal is also dismissed.