T.PEETHAMBARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) When a victim files an appeal, belatedly, against a judgement of acquittal, is it essential to file an application to condone the delay? Is it also necessary in such an instance for the appellate court to pass an order relating to the delay? These questions arise for determination in this petition under Sec. 482 of the Code of Criminal Procedure, 1973, challenging an order admitting a criminal appeal.

(2.) By a judgment of 9/6/2016 in C.C.No.702/2009, the Judicial First Class Magistrate's Court-III, Kozhikode acquitted all the accused who faced prosecution for the offences under Ss. 143, 447, 448, 467, 468, 420& 120B r/w Sec. 149 of the Indian Penal Code, 1860. The defacto complainant/ victim filed an appeal against the said judgment on 7/12/2019, apparently after three years. An affidavit was filed by the victim stating that though the appeal ought to have been filed on or before 9/7/2016, she came to know about the judgment only in 2019, there was a delay of 1249 days in filing the said appeal. It was also mentioned that the appellant has been living in Mumbai since 1962 and that after her husband's death, she left for the United States to reside with her son and was not available at her Mumbai address and that even though she used to enquire about the progress of the case, her relatives were misleading her due to the influence of the power of attorney holder of the first accused. The appellant also alleged that the complaint was filed as early as 2007 since it was realised that the person to whom she had executed the power of attorney committed forgery and misused the concocted documents and transferred her property. Appellant alleged that as she had not received any summons from the court, she could not even render evidence and also that she was 81 years of age, suffering from various ailments. In the affidavit, appellant had specifically explained the reasons for the delay in filing the appeal.

(3.) Based upon the said affidavit and obviously finding satisfaction in the reasonable explanation offered, the learned Sessions Judge admitted the appeal and issued notice to the respondents. There was no application to condone the delay nor is there any order condoning the delay. The memorandum of appeal was accompanied by the affidavit of the appellant explaining the delay.