GAJENDRA SINGH Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned Public Prosecutor and examined the impugned order dated 8.8.2005 as well as record of the trial Court.

(2.) The petitioner has filed this revision petition under Sec. 397 read with Sec. 401 Code Criminal Procedure against the order dated 8.8.2005 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Ajmer in Criminal Appeal No. (01/05) (101/05) 117/05 whereby an application under Sec. 5 of the Limitation Act filed by the petitioner for condonation of delay in filing his criminal appeal has been rejected.

(3.) The petitioner was convicted and sentenced by the Chief Judicial Magistrate, Ajmer vide order dated 11.4.2002 for the offence under Sections 147, 148, 324, 341 & 394 Indian Penal Code and was sentenced as per the details given in the order dated 11.4.2002. The maximum sentence was two years rigorous imprisonment and fine of Rs. 200.00 under Sec. 324 Indian Penal Code. The petitioner preferred an appeal on 17.5.2005 under Sec. 374 Criminal Procedure Code. before the District & Sessions Judge, Ajmer against the order of conviction and sentence dated 11.4.2002 along with an application under sentence dated 11.4.2002 along with an application under Sec. 5 of the Limitation Act. The appeal was transferred for disposal to the Special Judge, SC/ST (Prevention of Atrocities Cases), Ajmer. The appellant Court after hearing the arguments rejected the application under Sec. 5 of the Limitation Act. Consequently, the appeal of the petitioner was also dismissed.