SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE applicant, by way of this application under Section 5 of the Limitation Act read with Section 482 Cr.P.C., seeks condonation of delay of 6 days in filing the application under Section 378 (4) Cr.P.C., for grant of leave to file appeal, against the judgment of acquittal dated 1.12.2011 passed by the learned trial Court. After hearing the learned counsel for the applicant, this Court is satisfied that sufficient reasons have been given in the application, explaining the delay of 6 days.

(2.) IN view of the above, the present application is allowed for the reasons stated therein. The delay of 6 days is condoned. The instant application under Section 378 (4) of the Code of Criminal Procedure ('Cr.P.C.' for short), has been filed by the applicant, seeking leave to file appeal against the judgment of acquittal dated 1.12.2011, passed by the learned Sessions Judge, Sangrur, whereby accused/respondent No.2 was acquitted of the charge framed against him. In order to avoid repetition and also for the sake of brevity, it would be appropriate to refer to the facts noted by the learned trial Court in para 2 of the impugned judgment and the same read as under:-

(3.) WITH a view to prove its case, the prosecution examined as many as eight prosecution witnesses, besides tendering the relevant documents in evidence. After conclusion of the prosecution evidence, statements of the accused were separately recorded under Section 313 Cr.P.C. All the incriminating material brought on record was put to the accused. He alleged false implication and claimed complete innocence. After hearing both the parties and appreciating the evidence brought on record, the learned trial Court held that prosecution has failed to prove its case and the accused-respondent Gurpiar Singh was acquitted of the charge framed against him, vide impugned judgment dated 1.12.2011. Feeling aggrieved against the judgment of acquittal dated . 1.12.2011, passed by the learned Sessions Judge, Sangrur, the applicant has approached this Court by way of instant application. That is how, this Court is seized of the matter.