STATE OF HARYANA Vs. DHARAMPAL @ DHARMI

JUDGEMENT

(1.) The present application has been filed under Sec. 378 (3) of the Code of Criminal Procedure, 1973 (for short - 'Cr.P.C.') for grant of leave to appeal against judgment of acquittal dtd. 1/12/2017 passed by learned Additional Sessions Judge, Rewari along with an application for condonation of delay.

(2.) FIR No. 01 dtd. 3/1/2017 under Ss. 366, 342, 376 of the Indian Penal Code, 1860 (for short - 'IPC') was registered at Women Police Station, Rewari against respondent-accused Dharampal alias Dharmi on the basis of complaint made by the prosecutrix (name of the prosecutrix is withheld in compliance of provisions of Sec. 327 Cr.P.C. and law laid down in judgment of case State of Orrisa Vs. Sukru Gauda AIR 2009 (SC) 508 and Prem Parkash Vs. State of Rajasthan 2008(4) RCR (Criminal) 539 (SC). Respondent-accused Dharampal alias Dharmi faced trial and ultimately he was acquitted of the charges vide judgment of the trial Court dtd. 1/12/2017 by giving benefit of doubt.

(3.) There is delay of 323 days in filing of the main application for grant of leave to appeal. An application under Sec. 5 of Limitation Act read with Sec. 482 Cr.P.C. for condoning delay of 323 days in filing of the main application has also been filed mentioning therein that after obtaining certified copy of the judgment, the case file was put up before the Additional Legal Remembrancer, Haryana for taking opinion for filing appeal and it was opined that the matter was fit for filing appeal before this Court. The delay of 323 days has occurred in the process of taking legal opinion in filing the application for grant of leave to appeal. The application for condonation of delay has been supported by an affidavit of the Deputy Superintendent of Police, Rewari. However, neither the details for sending the file for having legal opinion nor the details as to when the opinion was given has been mentioned, meaning thereby the delay of 323 days has not been explained properly.