Case Note & Summary
The applicant, Ranjana Shantilal Suryawanshi, mother of the deceased Sujata, filed a criminal application seeking condonation of delay of 717 days in filing an appeal against the judgment of the learned Additional Sessions Judge, City Civil & Sessions Court, Gr. Bombay dated 13th March, 2014 in Sessions Case No. 201 of 2012, whereby respondent No.1 (Jaiprakash Tulsiram Gupta) was acquitted of the offence under Section 302 of the Indian Penal Code. The applicant claimed her right to file an appeal as a victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973. The learned Senior Counsel for the applicant submitted that there is no limitation provided for filing of appeal by the victim under Section 372 of the Code, and therefore the law of limitation has no application. He further submitted that the delay occurred as the applicant is an illiterate lady with very meager means of subsistence. In support, he relied on several judgments including Ram Phal v. State & Ors., Balasaheb Rangnath Khade v. The State of Maharashtra & Ors., Kareemul Hajazi v. State of NCT of Delhi & Ors., Yohannan Versus State of Kerala, Mohd. Azim Sheikh Ibrahim & Ors. Vs. Mehamuda Anjum Mohd. Azim & Anr., Amit son of Bhagirath Mishra Versus The State of Maharashtra & Anr., and Chobban Mallick Versus State of W. Ben. The court analyzed the proviso to Section 372 CrPC and held that the right of a victim to file an appeal is not subject to any period of limitation. The court also noted that even if limitation applies, the delay should be condoned considering the applicant's illiteracy and poverty. The court allowed the application and condoned the delay of 717 days, directing the appeal to be registered and heard on merits.
Headnote
A) Criminal Procedure - Victim's Right to Appeal - Limitation - Proviso to Section 372, Code of Criminal Procedure, 1973 - The court considered whether the delay of 717 days in filing an appeal by the victim against acquittal under Section 302 IPC should be condoned. The court held that the right of a victim to file an appeal under the proviso to Section 372 CrPC is not subject to any period of limitation, and the Limitation Act, 1963 does not apply. The delay was condoned considering the applicant's illiteracy and poverty. (Paras 1-18) B) Criminal Procedure - Condonation of Delay - Liberal Approach - Section 5, Limitation Act, 1963 - The court held that even if limitation applies, the delay of 717 days should be condoned as the applicant is an illiterate lady with meager means, and the court should adopt a liberal approach in such cases. (Paras 4-18)
Issue of Consideration
Whether the delay of 717 days in filing the appeal by the victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973 can be condoned, and whether the law of limitation applies to such appeals.
Final Decision
The court allowed the application and condoned the delay of 717 days. The Criminal Appeal (St.) No. 390 of 2019 is directed to be registered and heard on merits.
Law Points
- Right of victim to appeal under proviso to Section 372 CrPC is not subject to limitation period
- Delay condonation application to be considered liberally in case of illiterate and poor victim
- Limitation Act does not apply to appeals by victim under Section 372 CrPC
