KESHAVU DEVI Vs. PURAN CHAND

JUDGEMENT

(1.) The victim has filed the present appeal under proviso to Sec. 372 of Cr.P.C. The Registry has raised an objection that the appeal is barred by 01 year, 04 months and 03 days. The applicant had filed an application under Sec. 5 of the Limitation Act for condonation of delay in filing the appeal. This application was opposed on behalf of the respondents.

(2.) We have heard Mr. Suresh Singh Saini, learned Legal Aid Counsel for the applicant, Mr. Ashok Kumar Tyagi, learned counsel for respondent No.1 and Mr. Ramakant Sharma, learned Additional Advocate General, for respondent No.2-State.

(3.) Mr. Suresh Singh Saini, learned Legal Aid Counsel for the applicant submitted that the Registry has erred in reporting that the appeal is barred by limitation. No limitation period has been provided for an appeal filed by the victim under proviso to Sec. 372 of Cr.P.C. Such an appeal can be filed at any time. In the alternative, he submitted that if the appeal is held to be barred by limitation, the delay in filing the appeal be condoned.