STATE OF DELHI Vs. SUBHASH CHAND

JUDGEMENT

(1.) This, appeal is said to be delayed by 136 days and appellant had not even chosen to seek condonation. Confronted with this L/C for appellant sought to justify the delay by falling back upon provisions of Section 378 (5) Code of Criminal Procedure which prescribed six months limitation period for filing acquittal appeal by a public servant complainant in cases instituted upon a complaint. This provision, according to her, provided six months to appellant to file the present appeal which had also emanated from a complaint and was thus filed within time. L/C for respondents, however, repelled this to claim that Acquittal Appeal of State was to be filed within 90 days from the date of acquittal order under A.114 of the Limitation Act. She sought support for this from Supreme Court Judgement in "State Vs. Dharampal (JT 2001 (9) SC 136).

(2.) The relevant provision reads thus :-

(3.) Section 378 authorises the State to direct the public prosecutor to present an appeal to High Court against any original or appellate acquittal order passed by any court other than High Court or an acquittal order passed by Sessions Court in revision. Such appeal is not, however, entertainable save otherwise than with the leave of High Court. Sub-Section (4) also permits a complainant to file such appeal in a case instituted upon a complaint with the special leave of the High Court. It's Sub-Section (5) provides a limitation period for this laying down that no such special leave application shall be entertained after six months from the date of acquittal order where complainant is a public servant and sixty days in every other case. Two limitation periods are thus provided i.e.-six months for public servant complainants and 60 days for other complainants.