NIKKA RAM Vs. ROSHNI DEVI

JUDGEMENT

(1.) The present revision is directed against the order passed by learned Additional Sessions Judge, Hamirpur, Circuit Court at Barsar, vide which the application for condonation of delay was allowed.

(2.) It is asserted that respondent No.1-informant lodged an FIR No. 23 of 2016 with the Police Station Barsar. The police filed charge sheet in the Court of learned Judicial Magistrate First Class (JMFC), Barsar. The accused faced trial and they were acquitted by the learned Trial Court. Respondent No.1-informant filed an appeal against the judgment passed by learned JMFC, Barsar. She also filed an application for condonation of delay. The accused contested the application by filing a reply. Learned Additional Sessions Judge, Hamirpur, Circuit Court at Barsar allowed the application vide order dtd. 12/7/2023. Learned Additional Sessions Judge failed to appreciate the facts and circumstances of the case. Learned First Appellate Court heavily relied upon the application and the affidavit and did not rely upon the cross-examination and admission made by the informant during her cross-examination. The informant admitted that she was at her home from 24/1/2020 till 9/3/2020. She also stated that she was at Jalandhar in MAX Hospital which is not possible. The husband of the informant was discharged on 1. 2.2020 and the delay in filing the appeal was due to the lapse and inaction on the part of the informant. Therefore, it was prayed that the present petition be allowed and the order passed by the learned Additional Sessions Judge be set aside.

(3.) I have heard Mr Mohammad Amir, learned Counsel for the petitioners, Mr Tanu Sharma, learned Legal-Aid Counsel for respondent No.1 and Ms Avni Kochhar, learned Deputy Advocate General for respondent No.2-State.