Case Note & Summary
The State of Maharashtra filed an application for leave to appeal under Section 378 of the Code of Criminal Procedure, 1973 against an order dated 12th April 2005 passed by the Judicial Magistrate First Class, Pandharpur, acquitting the respondents of offences under Sections 324, 323, 504 and 506 of the Indian Penal Code. The application was filed on 2nd August 2006. The court examined the limitation period for such appeals. Section 378 CrPC, as amended by the Code of Criminal Procedure (Amendment) Act, 2005, which came into force on 23rd June 2006, prescribes a limitation period of 90 days for the State to file an appeal against acquittal. The court noted that the judgment of acquittal was delivered on 12th April 2005, and the application was filed on 2nd August 2006, which is more than one year and three months after the judgment. Even if the amended provision is applied, the application is clearly beyond the 90-day period. The court held that the application is barred by limitation and dismissed it. The court also noted that the respondents were not represented.
Headnote
A) Criminal Procedure - Limitation for Appeal against Acquittal - Section 378 CrPC - State's application for leave to appeal against acquittal must be filed within 90 days from the date of judgment - The judgment of acquittal was passed on 12th April 2005, and the application was filed on 2nd August 2006, which is beyond the prescribed period of 90 days - The court held that the application is barred by limitation and dismissed it (Paras 1-3).
Issue of Consideration
Whether the application for leave to appeal against acquittal filed by the State is within the period of limitation prescribed under Section 378 of the Code of Criminal Procedure, 1973.
Final Decision
The application for leave to appeal is dismissed as barred by limitation.
Law Points
- Limitation for appeal against acquittal
- Section 378 CrPC
- Section 5 Limitation Act not applicable to State appeals
- Code of Criminal Procedure (Amendment) Act 2005
