STATE Vs. MOHD. RAEES

JUDGEMENT

(1.) By way of this condonation application, the appellant is seeking to condone 229 days delay in filing the above-titled Criminal Acquittal Appeal against the judgment dated 27.10.2017 delivered by the learned Principal Sessions Judge, Rajouri, whereby the respondent herein has been acquitted of the charges framed under Sections 302, 201 RPC in FIR No.48/2014. Along with the application for condonation of delay, the appellant has also filed SLA No.70/2018 seeking leave of the Court to file the appeal.

(2.) Before dealing with the application for condonation of delay, we deem it appropriate to examine the judgment delivered by the learned Sessions Judge, Rajouri, to find out as to whether or not any interference is warranted therewith, so that injustice may not occasion merely because of lapse on the part of the appellant-State in filing of appeal within the prescribed period of limitation.

(3.) A perusal of the file reveals that in order to prove the guilt of accused the prosecution had examined as many as 26 witnesses, out of the total cited 28 witnesses.