SAFAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, who is the accused in CC No. 1 of 2010 of the Judicial First Class Magistrate Court-II, Alappuzha, faced charge under Sections 454 and 511/380 of IPC and he is convicted for the said offence. Against the said conviction and sentence, the petitioner had preferred an appeal, but the learned Sessions Judge dismissed the appeal by order dated 10/11/2010 in Crl. A. No. 501 of 2010. THE present grievance of the petitioner is that the appeal was dismissed not on merit, but on the ground of delay.

(2.) HEARD the counsel for the petitioner as well as the learned Public Prosecutor.

(3.) COUNSEL for the revision petitioner submitted that the above order of the learned Sessions Judge is not legally sustainable since the same is not a speaking order and the contention of the petitioner for acquittal was not considered on merit.