OUSO Vs. CHEEKKU

JUDGEMENT

(1.) This Crl. R.P. filed by the accused was not numbered by the Registry, taking the view that the revision is barred by limitation. The counsel for the petitioner submitted in reply to the note made by the Registry that there is no delay and the revision was filed within 90 days from the date of receipt of the free copy of the judgment in the Crl. Appeal. The Registry was not satisfied with this reply. It was noted that the free copy of the judgment dated 28.7.2006 was issued on 11.10.2006 and the date when copy was ready is not mentioned in the judgment.

(2.) The judgment was pronounced on 20th July, 2006. The only endorsement on the judgment is that the free copy was issued on 11.10.2006. The revision was filed on 14.11.2006. The learned Counsel for the petitioner submits that limitation is to be reckoned from the date of issue of the free copy and not from the date of judgment.

(3.) Section 363 of the Code of Criminal Procedure provides for issue of copy of judgment to the accused. Sub-sections (1) and (2) of Section 363 are relevant in this context which read as follows: