STATE Vs. AJAJ AHEMAD

JUDGEMENT

(1.) THIS is an application under Section 5 of the Limitation Act seeking condonation of 269 days' delay in filing the leave to appeal.

(2.) THE State has sought condonation of delay in filing the appeal against the judgment and order of sentence dated 26.5.2010 on the ground that approval to file the appeal was obtained on 19.4.2011 and the period prior to that was consumed by the normal processes of office procedure in obtaining the permission to appeal. No formal reply to the application has been filed.

(3.) KEEPING in view the above broad parameters, I feel that there is prima facie merit in the appeal itself which persuades the court to consider the appeal on merit rather than dismiss the same on technicalities of being barred by time. The merit in the appeal is that ex facia the sentence to which the respondent/accused was sentenced, in a heinous crime of rape, is grossly inadequate.