STATE OF MAHARASHTRA Vs. VISHWANATH SADHUJI FATING

JUDGEMENT

(1.) THIS is a State appeal (with application for leave) against an order of acquittal recorded in a Special Case instituted upon a police report.

(2.) BEFORE dealing with the merits of the matter we would dispose of the preliminary point relating to limitation. What is the period of limitation for such appeals is the first question. It is contended on behalf of the State that as the complainant in this case is a public servant, limitation of six months, as contemplated under section 378 sub -section (5) of the Code of Criminal Procedure, 1973 would apply and as the appeal is filed after 127 days, application for condonation of delay filed by the State was redundant and no question of condonation of delay arises. It seems to us that the position taken by the State is incorrect. In our view, section 378(5) is attracted only when an application is made by a complainant for a leave to challenge the order of acquittal recorded in a case instituted upon a complaint. This is an appeal by the State against an order of acquittal recorded in a case instituted upon police report and is governed by section 378(1), (2) and (3) and the correct period of limitation is 90 days 'from the date of passing of the order appealed against, as provided under Article 114 sub -article (a) of the Limitation Act. 1963.

(3.) FOR quite some time there was debate before us as to whether there was at all any right of appeal to the Government against order of acquittals in a case instituted upon a complaint. Now considering the employment of wide words, "in any case", in section 378(1) and (2), there appears no scope to doubt that State has a right to prefer an appeal even against the order of acquittal recorded in cases instituted upon complaint. Right of the State to challenge the order does not depend upon who instituted the case and how. Quite obviously the logic behind the provision is that every crime is against a society and it is not necessarily a matter of concern between warring individuals.