STATE Vs. ABDULLA MOHAMMAD PAGARKAR AND ANOTHER

JUDGEMENT

(1.) This is an appeal filed by the Senior Public Prosecutor C.B.I. Government of India, on behalf of the State against the order of acquittal dated 27-8-73 passed by the Special Judge and Additional Sessions Judge, Panaji.

(2.) The respondents were charged under Ss.120-B, 420, 467, 468, 471 and 471-A of I.P.C. and Section 5(1) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The Judge convicted the respondents under various Sections but acquitted them under 467 and 477-A of the I.P.C. It is against this acquittal that the present appeal is preferred.

(3.) A preliminary point of limitation has been raised by the respondents/accused in this appeal. The limitation period prescribed for filing an appeal against an order of acquittal is of 90 days. The last day for filing the appeal was 25-11-73. The appeal was presented on 25-3-74 i.e. 120 days beyond the period of limitation. An application for condonation of delay under Section 5 of the Limitation Act has been made along with the appeal. The application is supported by an affidavit sworn by Shri Rege, Dy. S.P., the Investigating Officer in this case.