BANWARI LAL SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter heard finally at the motion stage itself in the light of judgment passed by the Full Bench of this High Court in Acquittal Appeal No.96/2012 and Acquittal Appeal No.121/2012 dated 1st October, 2013.

(2.) As per aforementioned Acquittal Appeal No.121/2012 (Smt. Ahilya Bai Satnami Versus State of Chhattisgarh and another) the question referred and the answer given by Hon'ble the Full Bench are as under:-

(3.) Vide judgment dated 18-06-2012 passed by the Judicial Magistrate First Class, Bhatgaon, District Balodabazar, C.G.in Criminal Case No.477/2009 the accused/respondent No.2 was held acquitted from the charges under Section 506 Part II of the IPC by affording benefit of doubt. Against the said judgment of acquittal, the complainant/appellant preferred a criminal appeal (unregistered) before the First Additional Sessions Judge, Balodabazar, C.G. The learned appellate Court dismissed the application filed on behalf of the appellant/applicant to condone the delay under Section 5 of the Limitation Act, 1963 and also dismissed the said criminal appeal as the same is barred by time.