BABLOO @ KAMAL YADAV Vs. STATE OF MADHYA PRADESH.

JUDGEMENT

(1.) This criminal revision under Sections 397/401 of the Code of Criminal Procedure has been preferred by the applicant being aggrieved by the judgment dated 24.1.2020 passed by the Second Additional Sessions Judge, Hoshangabad in Criminal Appeal No.5766/2019 by which the learned lower appellate Court has dismissed the application filed by the applicant under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the aforesaid criminal appeal No.5766/2019. The said criminal appeal was filed against the judgment dated 25.11.2011 passed in Criminal Case No.1442/2009 by the Judicial Magistrate First Class, Hoshangabad whereby the accused persons have been convicted under Section 498-A of IPC and sentenced to one year's RI with fine of Rs.300/- each with default clause.

(2.) In brief the facts of the case are that the applicant's marriage with the complainant was solemnized on 22.4.2007, however, on account of the cruelty meted out by the applicant and his family members to the complainant/wife an FIR under Section 498-A of IPC was lodged against them and subsequently after the charge sheet was filed, Criminal Case No. 1442/2009 was instituted. In the aforesaid case the applicant's mother, father, sister and brother-in-law were also named and the learned Judge of the trial Court, after recording the evidence convicted all of them as aforesaid. However, after their conviction all the accused persons were released on bail and their sentence suspended by the learned Judge of the trial Court so that they could file an appeal before the lower appellate Court.

(3.) It appears that after being released from the jail, the present applicant did not file any appeal although all the other family members preferred CRA No.214/2011 under Section 374(3) of Cr.P.C. before the Additional Sessions Judge, Hoshangabad, who vide its judgment dated 9.11.2012 has already acquitted them under Section 498-A of IPC. While acquitting the aforesaid accused persons the learned Judge of the lower appellate Court has held that the complainant has not been able to prove her case beyond reasonable doubt that the accused persons used to harass her or treat her with cruelty in order to procure dowry from her. The record also reveals that after being released on bail in the Criminal Case No.1442/2009 as aforesaid, the applicant did not prefer any appeal as had been preferred by other his family members and thus was declared absconding and arrest warrant was issued against him. Pursuant to the said arrest warrant, he was arrested on 19.12.2019 and was sent to the Central Jail, Hoshangabad and thereafter preferred an appeal under Section 374(3) of Cr.P.C. on 28.12.2019. The appeal so preferred by the applicant was filed after a delay of 8 years and one month for which an application under Section 5 of the Limitation Act, 1963 for condonation of delay was also filed. In the aforesaid application it was stated that on account of false allegations levelled against the applicant he left home and also became mentally disturbed and thus he could not prefer the appeal within time and thus it was prayed that the delay so caused in filing the appeal be condoned.