STATE Vs. RUBEN

JUDGEMENT

(1.) THIS is an application for condonation of delay of 300 days in filing of the leave to appeal against the judgment of acquittal. It is stated that the delay had occasioned due to administrative reasons as the file had been circulated and opinion of different officers had to be obtained.

(2.) THE delay is substantial. Keeping in view the aforesaid facts but subject to payment of costs of Rs. 5,000/ - to be paid to the Respondents by way of two cheques of Rs. 2,500/ - each, the application for condonation of delay is allowed. Payment will be made within four weeks of receipt of this order by the appellant.

(3.) WE do not elaborately discuss on the aforesaid aspect, as it is the case of the prosecution that the two Respondents herein, namely, Edward and Ruben were arrested on 11.07.2010 at 03:15 p.m. and 05:45 p.m. vide arrest memos Ex. PW -2/ F and PW -2/ I respectively. At this stage, it is important to record that Edward is the father of the deceased girl Vimla, aged about 21 years and Ruben is stated to be a friend of Edward. For clarity, we record that there is discrepancy about the arrest of the two accused which has been noticed in paragraph 53 of the impugned judgment. As per the arrest memos of the accused persons, accused Edward was shown to be arrested at around 03:15 p.m. (late afternoon) on 11.07.2010 and accused Ruben was shown to be arrested at 05:45 p.m. (evening) on the same day from B -434, New Friends Colony. However, as per the statements of PW -17 HC Manoj, these accused were arrested in night itself from Panchsheel Enclave and New Friends Colony respectively. This casts doubt about the preparation of arrest memos and the circumstance of arrest of accused persons, consequently creating doubt on the sequence of events including recoveries at the instance of accused persons.