YOHANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE question involved in these appeals at present is whether there is any period of limitation for filing an appeal by the victim challenging the acquittal of the accused and if so, what is the period of limitation. All these appeals are filed by the victims in the respective cases. There is no dispute that the appellants are victims as defined in S. 2(wa) of the Code of Criminal Procedure. The appeals were filed beyond ninety days from the date of the judgment passed by the Sessions Court. The Registry raised an objection that the appeals are time barred. The appellants take the stand that since there is no period of limitation for filing an appeal by the victim, there is no need to file any application for condonation of delay.

(2.) THE proviso to S. 372 of the Code of Criminal Procedure provides for an appeal by the victim. For the sake of convenience, Section 372 is extracted below:

(3.) UNDER Section 378(4) of the Code, an appeal against acquittal in a case instituted on complaint could be filed only after getting special leave to appeal. An application for granting special leave can be filed as provided under sub -s. (5) of S. 378 within six months if the complainant is a public servant, and within sixty days in every other case. The period of six months or sixty days, as the case may be, shall be computed from the date of the order of acquittal. It is well settled that the time taken for obtaining certified copy of the judgment could be excluded under S. 12 of the Limitation Act for computing the period of limitation for filing an application for special leave to appeal. However, no period of limitation is provided for filing an appeal by a victim under the proviso to S. 372 of the Code of Criminal Procedure. No leave is also necessary for filing such an appeal. The learned counsel for the appellants submitted that since no period of limitation is provided for an appeal filed by the victim against acquittal as provided under the proviso to S. 372, the appeal can be filed at any time and the only question to be considered by the Court is whether the appellant has designedly or deliberately filed the appeal belatedly. According to the learned counsel for the respondents, even if no period of limitation is provided, a reasonable period has to be taken as the period of limitation and the reasonable period can be treated as sixty days for an appeal filed before the Sessions Court and ninety days for an appeal filed before the High Court.