KANKU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case at hand reveals a very sad state of affairs prevailing in the Registry of this Court. The instant appeal came to be filed on behalf of the appellant in the year 2004 for assailing the judgment dtd. 19/5/2004 passed by learned Sessions Judge, Rajsamand in Sessions Case No. 38/2003 whereby, the appellant was convicted for the offences under Sec. 302 I.P.C. and Sec. 3(2)(v) of the SC/ST (Prevention of Atrocities) Act and on both the counts, she was sentenced to life imprisonment and a fine of Rs.500.00; in default of payment of fine, to further undergo one month's rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.

(2.) On a perusal of the prior order-sheets, it is clear that the application for suspension of sentences preferred on behalf of the appellant was rejected by this Court on 20/7/2004. To the misfortune of the appellant, she forwarded another appeal from jail, which was delayed by 1464 days.

(3.) The file of the represented appeal No. 544/2004 came to be tagged alongwith the aforesaid jail appeal which was time barred and the matter kept lingering on for condonation of the delay and finally, the jail appeal was registered as late as in the year 2019. During this entire period, the poor appellant continued to languish in jail. Surprisingly enough, even the counsel representing the appellant never made an attempt to mention the represented appeal in the court so as to get the same listed for hearing. It may be reiterated that in the present case, the Registry of the Rajasthan High Court also acted with sheer lethargy as the appeal was never listed for hearing before the Court.