PAPPU @ RAM VARAN Vs. STATE

JUDGEMENT

(1.) INSTANT petition has been filed by accused against judgment dt. 20/07/05 whereby Sessions Judge, Dholpur dismissed Cr. App. No. 34/05 as time barred as a consequence whereof, judgment dt. 21/05/05 in Cr. Case No. 1/02 passed by ACJM Bari (Dholpur) convicting petitioner under Sections 325 & 323, IPC, but releasing him on probation under Section 4 of Probation of Offenders Act stood upheld.

(2.) ON a report made by complainant (Shiv Singh) on 11/12/01 FIR -236/01 was registered at Police Station Sarmathura for offences under Sections 323, 341, 325, 336, IPC against petitioner and co -accused (Badri). After challan was filed, and in course of trial, prosecution witnesses were examined and after the accused were examined under Section 313, CrPC, taking note of material on record, learned trial Court convicted petitioner under Section 323 & 325, IPC and instead of awarding sentence, since he was a student at the time of alleged incident, released him on probation under Section 4 of Probation of Offenders Act on his furnishing bail bonds of Rs. 5,000/ - with the stipulation that he would maintain peace and be of good behaviour for two years. However, against conviction, petitioner preferred appeal after having been filed with the delay of thirty days, learned appellate court dismissed the appeal as time barred without considering on merits.

(3.) APPEAL is a statutory right to the accused which ordinarily is not to be curtailed and against judgment dt.21/05/05, from the record, it appears that appeal was preferred with a delay of only 30 days and reasonable justification has been disclosed, in the facts of the case, appeal was not required to be dismissed on the ground of limitation and the court of appeal committed serious error in rejecting the appeal holding it being time barred. This Court has option to remand the matter back for re -consideration of appeal on merits but in the facts of the case, when grievance raised is only in regard to consideration of amended provisions under Section 12 of the Act, no purpose is likely to serve for remanding the matter for appreciation of material in appeal on merits.