STATE Vs. RAHUL

JUDGEMENT

(1.) This is an application by the petitioner seeking condonation of delay in filing the petition seeking leave to appeal.

(2.) The applicant has contended that after the judgment dated 18th February, 2010 was passed by the Trial Court acquitting the respondent, the public prosecutor and chief prosecutor recommended the case for filing of appeal which was done after obtaining the true copy of the judgment. The applicant contended that the matter was considered by various authorities including Law Secretary, Govt. of NCT and the Law Department, which gave approval for filing the petition seeking leave to appeal where after the matter was entrusted to the standing counsel of the Delhi Govt. which resulted into a delay of 154 days in filing the petition seeking leave to appeal. The applicant has relied on Collector, Land Acquisition, Anantnag and Anr. Vs. Mst. Katiji and Ors., 1987 2 SCC 107 and State of Nagaland Vs. Lipok Ao, 2005 3 SCC 752 holding that sufficient cause should be considered with pragmatism in justice oriented approach rather than a technical defection of sufficient causes for explaining every day s delay having regard to considerable delay of procedural red tape in the decision making process of the government, certain amount of latitude is permissible and should be given. The applicant has contended that the State Government is the impersonal machinery working through its officers or servants hence it cannot be put on the same footing as an individual.

(3.) Considering the facts and circumstances and the law relied on by the applicant, there is sufficient cause for condonation of delay in filing the petition for leave to appeal. Consequently, the delay of 154 days in filing the petition for leave to appeal is condoned and the application is allowed. Crl.L.P. No. 429/2010 The petitioner/State has filed this petition seeking leave to appeal against the judgment dated 18th February, 2010 passed in Sessions Case No. 131/2008 titled as State v. Rahul arising out of FIR 449/2008, PS Najafgarh, under Sections 363/366/376 of IPC, acquitting the respondent of the charges made against him.