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2020 Supreme(Bom) 714

S.S.SHINDE, V.G.BISHT
Ranjana Shantilal Suryawanshi – Appellant
Versus
Jaiprakash Tulsiram Gupta – Respondent


Advocates Appeared:
Rajiv Chavan, Advocate, Ashish Sawant, Advocate, Vriddhi Maria, Advocate, Priyanka Chavan, Advocate, Sumangla Yadav, Advocate, Shivani Aswal, Advocate, Aishwarya Yashwantrao, Advocate, Abdul W Khan, Advocate, M.M. Deshmukh, Advocate

JUDGMENT

V.G.Bisht, J. - The applicant, namely, Ranjana Shantilal Suryawanshi (original complainant/ informant) seeks condonation of delay of 717 days in filing Criminal Appeal (St.) No. 390 of 2019.

2. The applicant is mother of the deceased Sujata, who was married to respondent No.1 (Jaiprakash Tulsiram Gupta). The applicant claims her right to file an appeal as a victim in terms of the proviso to Section 372 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code'").

3. In the Appeal it is the judgment of learned Additional Sessions Judge, City Civil & Sessions Court, Gr. Bombay dated 13th March, 2014 in Sessions Case No. 201 of 2012 which is under challenge. The learned Additional Sessions Judge acquitted respondent No.1 of the offence under Section 302 of the Indian Penal Code.

4. Mr.Chavan, 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. The learned Senior Counsel then submitted that the delay occurred as the applicant is an illiterate lady and has very meager means of subsistence. This factor,

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