STATE Vs. YOGESH

JUDGEMENT

(1.) This is an application by the petitioner/applicant under Section 5 of the Limitation Act, read with under Section 482 of the Criminal Procedure Code seeking condonation of delay of 197 days in filing the petition for leave to appeal against the judgment dated 2nd December, 2009 arising out of the Sessions case No.102 of 2009 acquitting the respondent of the charges under Sections 376/377 of the Indian Penal Code.

(2.) The petitioner/applicant has contended that the judgment dated 2nd December, 2009 was examined at various levels and by letter dated 25th March, 2010 Director of Prosecution, Government of NCT of Delhi had informed of the decision to file the petition for leave to appeal. The copy of the impugned judgment was applied on 5th June, 2010 and had been obtained on 15th June, 2010. The petitioner/applicant has also given the details of various officers and the date on which the petition was drafted and other steps which were taken to file petition for leave to appeal.

(3.) The applicant has relied on Collector of Land Acquisition Vs. Katiji, 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 days 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.