STATE NCT OF DELHI Vs. ELIAZER KINDO

JUDGEMENT

(1.) Crl. M.A. No. 8831 of 2017 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. Crl. M.A. No.8830 of 2017 (Condonation of delay) By this application filed under Section 5 of Limitation Act read with section 482 of Cr. P.C., 1973 the petitioner seeks condonation of delay of 179 days in filing the accompanying petition for seeking leave to appeal under section 378(1) of Cr. P.C., 1973 against the order dated 19.08.2016 whereby the accused has been acquitted from the offence under Section 365/370/376 of IPC.

(2.) Heard the submissions made on behalf of the State.

(3.) In the application for condonation of delay, the ground taken is that after the passing of impugned judgment, the matter was sent to the various authorities and after passing through various channels the file of the case alongwith opinion was sent to Department of Law, Justice and Legal Affairs. The APP of the trial court gave opinion dated 31.08.2016 that the case was fit for appeal, to which the Chief Prosecutor (West) has also endorsed on 01.09.2016 followed by the endorsement dated 05.09.2016 of the Directorate of Prosecution. However, after examining the matter in detail, it was considered by the office of the Hon'ble Lt. Governor to file an appeal in the matter. Accordingly proforma for appeal was attached on 02.03.2017 and forwarded to the Directorate of Prosecution and then to the office of the Standing Counsel, Delhi high Court on 04.03.2017. certain documents got translated and due to other personal difficulties of the Public Prosecutor including medical treatment of family member in the month of March, change in roster in the month of April the appeal could be drafted on time. The ground taken causing delay was that there was procedural delay which was beyond the control of the State.