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IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, S.B PD.SINGH
X, C/o Hira Prasad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(RAJEEV RANJAN PRASAD, J.)
I.A. No. 1 of 2021
This is an appeal preferred by the victim. In view of proviso to Section 372 Cr.PC, there would be no need to file an application seeking leave to file an appeal against acquittal by the victim.
2. This interlocutory application is, thus, misconceived and is rejected.
I.A. No. 2 of 2024
3. This interlocutory application has been filed seeking condonation of delay of 195 days in filing of the appeal. The impugned judgment in this case has been passed on 18.03.2020. The appeal against the impugned judgment would have been preferred well within time by 17.06.2020 but due to pandemic Covid-19 situation, the appeal could not be preferred within the prescribed period of 90 days. In Suo Moto Writ Petition (Civil) No. 03 of 2020, the Hon’ble Supreme Court has directed that the period from 24.03.2020 to 15.03.2022 shall be excluded from counting the period of limitation.
4. In the aforesaid view of the matter, there would be no need to seek condonation of delay as the appeal is to be treated within time. It has been presented in the Registry on 28.01.2021.
5. Since the appeal is to be treated within time, I.A. No. 2 of 2024 stands disposed
The court upheld the trial court's acquittal due to prosecution's failure to prove the accused's guilt beyond reasonable doubt, given inconsistencies and delay in evidence.
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