PUSHPABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under Sec. 5 of the Limitation Act, the applicant-Original Complainant seeks to condone the delay of 426 days caused in preferring the captioned appeal under Sec. 372 of the Code of Criminal Procedure, challenging the judgment and order of acquittal passed in Sessions Case No.49 of 2015 on 10/8/2018 passed by the learned Sessions Judge, Morbi for the offences punishable under Ss. 376 , 323 , 504 and 506(2) of the Indian Penal Code.

(2.) Since the Court was not satisfied with the causes and reasons for the delay caused in preferring the appeal, learned advocate for the applicant was directed to file affidavit with better particulars as per order dtd. 25/2/2022. Pursuant to the said order, further affidavit on behalf of the original complainant has been placed on record to explain the huge delay of 426 days. On combine reading of the averments made in the application and the further affidavit filed by the applicant - original complainant, it is quite evident that the judgment and order of acquittal was passed on 10/8/2018 and certified copy thereof was applied on 13/8/2018 and certified copy was ready for delivery on 4/9/2018 and actually it was obtained by the original complainant on 4/9/2018. Thus, the original complainant was required to prefer an appeal on or before 1/11/2018; however the appeal came to be filed on 1/1/2020.

(3.) Learned advocate for the original complainant has explained the delay of 426 days which occurred on account of various reasons and incident took place in the year 2015, more particularly, paragraphs 1 and 2, which read thus: