SHAHUL HAMEED Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 5 of the Limitation Act, 1963 for condoning the delay in filing the appeal.

(2.) In the application it is alleged thus - The aforesaid criminal appeal has been filed against the judgment of the Additional Sessions Judge-V, Palakkad, dtd. 22/11/2013 in S.C.No.12/2009. The appeal ought to have been filed on or before 22/01/2014. However, the applicant was under the impression that S.C.No.12/2009 had not been taken up for trial because had it been taken up for trial, he being the complainant/injured would have been served with summons to appear before the court to adduce evidence. The applicant received summons to appear before the Additional Sessions Judge-III, Palakkad, on 07/09/2024 as a witness in the connected case, that is, S.C.No.503/2008. Only then on making enquiries, he came to know that S.C.No.12/2009 had been disposed of on 22/11/2013 and the accused acquitted without examining him. Immediately thereafter, steps were taken to challenge the judgment. Hence, the delay of 3202 days in filing the appeal.

(3.) The application is opposed by respondents 2, 3 and 4, who have also filed objections.