JUDGMENT

Dilip B. Bhosale, C. J.—The question referred to this Bench is, whether the limitation for filing an appeal at the instance of the victim or the first informant is 60 days from the date of acquittal as laid down under Section 378 (5) of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) or 90 days as reported by the Stamp Reporter pursuant to the judgment of a coordinate Bench of this Court in Nanhey Singh @ Dinesh Singh Vs. State of U.P. & Ors., Criminal Misc. Application Defective U/S 372 CrPC (Leave to Appeal) No. 83 of 2013, decided on 22.07.2013.

2. This question has been formulated and referred by a Division Bench, while dealing with Criminal Misc. Application U/S 372 Cr.P.C. (Leave to Appeal) No. 351 of 2017. The Criminal Misc Application has been instituted on behalf of the complainant against the judgment and order dated 01.08.2017 rendered by Additional Sessions Judge, Court No.1, Banda, whereby the respondents-accused were acquitted of the charges punishable under Sections 364/376 of Indian Penal Code (for short, ‘IPC’) read with Sections 3 and 4 of th