STATE Vs. A. RAMAKRISHNAN

JUDGEMENT

(1.) The present criminal miscellaneous petition has been filed to condone the delay of 233 days in filing the appeal as against the order of acquittal passed in Special CC.No.1 of 2016 dtd. 26/4/2019 by the learned IV Additional District Judge/Sessions Judge, Mahalir Neethimandram (Mahila Court), Coimbatore.

(2.) The petitioner is the State represented by the Inspector of Police, All Women Police Station, Pollachi. In the affidavit filed in support of the criminal miscellaneous petition, the petitioner has stated that the petitioner on 4/10/2019 filed copy application for getting certified copy of the judgment and later the same was delivered to him on 12/11/2019. After obtaining the certified copy, the petitioner presented the case papers to the learned Special Public Prosecutor, Special Court, POCSO Act, Coimbatore to offer opinion in respect to the filing of appeal. The learned Special Public Prosecutor offered opinion on 17/8/2020 and after obtaining the opinion, proposal was sent to the Superintendent of Police, District Police, Coimbatore. In turn, the same was sent to the Joint Secretary to Government, Home(Cts-VII) Department dtd. 31/5/2021. Later the Government sent the proposal to the Office of the Public Prosecutor, High Court of Madras on 22/6/2021 vide Government Lr.No.28992/Cts.VII/ 2021-1 dtd. 21/6/2021 and the same was received by the Public Prosecutor's Office, High Court, Madras on 22/6/2021. After perusing the entire records, the Public Prosecutor, High Court of Madras thought that this is a fit case for filing an appeal against acquittal and accordingly sent a legal opinion to the Joint Secretary to Government in turn. Due to the said reasons, delay of 233 days has occurred.

(3.) The learned Government Advocate(crl.side) would contend that due to the administrative delay, the petitioner is unable to present the appeal within the period of limitation. Further, in the impugned judgment, without considering the evidence given by the prosecution witnesses in a perspective manner, acquitted the accused, which is erroneous in law. Further due to the lockdown announced by the Government and also due to the exemption given by our Hon'ble Apex Court, the appeal papers have not been presented immediately within the limitation and therefore, it would be necessary to condone the delay.