PRAKASH G. RAO Vs. PEDRO VINCENT DIAS

JUDGEMENT

(1.) HEARD Mr. Shivan Desai, learned Advocate for the applicant, Respondent no.1 in person and Mr. C. A. Ferreira, learned Public Prosecutor for the respondent no.2. By this revision application the applicant takes exception to the order dated 6.5.2011 passed by Assistant Sessions Judge, Margao in Criminal Miscellaneous Application no.20/2011 by which an application seeking condonation of delay of four months and twelve days in filing the appeal against Judgment and order of conviction dated 10.11.2010 passed by Judicial Magistrate, First Class at Vasco -Da -Gama in Criminal Case no.1304/OA/NIA/2006/B has been dismissed.

(2.) BRIEFLY , the facts leading to filing of the revision application are as under: -

(3.) ON 28.4.2011 the applicant herein preferred an appeal alongwith application seeking condonation of delay of four months and twelve days bearing Criminal Miscellaneous Application no. 20/2011 before Sessions Judge, South Goa, Margao, which was made over to Assistant Sessions Judge. The same was objected to by respondent no.1/the complainant. Learned Assistant Sessions Judge, South Goa, Margao by order dated 6.5.2011 dismissed the application on the ground that no material was placed in support of the ground on which condonation of delay was sought. Condonation of delay was sought on the ground that applicant( applicant herein) had met with an accident and was hospitalised and further that advocate for the applicant informed him that there was no need to file an appeal since other three matters pending before the Supreme Court between the applicant and the respondent were at the stage of compounding. Copy of the application for compounding before the Supreme Court was filed alongwith the application.