HARENDRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed seeking condonation of delay of 90 days occurred in filing Criminal Appeal No. 1366 of 2019 filed by the applicant - original complainant seeking enhancement of sentence imposed by the Sessions Court, Nadiad, on the respondents - accused for a period of three years for the offence punishable under Section 325 read with Section 114 of the Indian Penal code (for short "the IPC") vide the judgement and order dated 18.01.2019 in the Sessions Case No. 66 of 2015.

(2.) Mr. H.K. Patel, the learned APP has drawn the attention of the Court by pressing into service the proviso to Section 372 of the Cr.P.C. by submitting that the applicant being a victim could not have preferred an appeal seeking enhancement of the sentence and therefore, the application seeking condonation of delay also would not be maintainable.

(3.) Mr. Arpit Patel, learned advocate for the applicant has not much resisted the said objection and submitted that the applicant has already preferred an appeal being Criminal Appeal No. 1377 of 2019 against the acquittal of the respondents - accused for the offence under Section 307 and 504 of the IPC by the Sessions Court and the said appeal is already admitted by this Court.