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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
The State (NCT of Delhi) – Appellant
Versus
Kirpal – Respondent
Cr.L.P. 198 of 2023
Decided On : 10-07-2023
Condonation of Delay - Criminal Appeal - The court dismissed the appeal seeking condonation of delay in filing the Criminal Leave Petition against the impugned judgment due to the huge delay and latches, despite the consideration of the period during the COVID-19 pandemic as out of limitation.
Fact of the Case:
The appellant/State sought condonation of delay of 392 days in filing the Criminal Leave Petition against the impugned judgment that dismissed the case of the prosecution.
Finding of the Court:
The court found that the appeal was hit by huge delay and latches, and accordingly dismissed the application seeking condonation of delay.
Issues: Condonation of delay in filing the Criminal Leave Petition against the impugned judgment.
Ratio Decidendi: The court considered the delay caused between February 2021 and March 2023, despite the period from 15.03.2020 till 14.03.2021 being considered out of limitation due to the COVID-19 pandemic.
Final Decision: The application seeking condonation of delay was dismissed, and the appeal was rejected.
JUDGMENT (Oral)
CRL.M.A. 10461/2023 (Condonation of Delay)
1. By way of the present application, appellant/State seeks condonation of Delay of 392 days in filing the present Criminal Leave Petition against the impugned judgment dated 19.02.2021 passed by Ms. Shefali Sharma, Additional Sessions Judge, FTSC, POCSO, North, Rohini Courts Courts Complex, Delhi in case Original/Main Charge-sheet in FIR No.463/2014 dated 15.04.2014, Police station Shahbad Dairy, Delhi registered under Sections 368/342/376D/34 of IPC read with Section 6 of POCSO Act whereby the learned Trial Court has dismissed the case of the prosecution holding that the appellant/prosecution has not been able to prove its case against the accused beyond reasonable doubt.
2. Pertinently, the appeal against the impugned judgment dated 19.02.2021 was to be filed within statutory period of 90 days.
3. Upon hearing learned counsel appearing on behalf of the appellant/State and on perusal of application, this Court finds that the file of the present case was marked to the then learned APP, Ms. Neelam Sharma on 26.10.2021 for drafting the appeal, however, since her tenure was coming to an end, she was unable to draft it due to paucity of time. Thereafter, the file was marked to learned APP, Ms. Manjeet Arya and the appeal was prepared and filed on 27.03.2023 with a delay of 392 days.
4. Relevantly, this court is conscious that due to COVID-19 Pandemic, the Hon'ble Supreme Court in Suo motto Writ Petition (C) No.3/2020 directed the period from 15.03.2020 till 14.03.2021 to be considered out of limitation. However, the present appeal has been filed only in March, 2023 and no plausible explanation has been put forward by appellant/State for delay caused between February, 2021 till March, 2023. In the considered opinion of this Court, the appeal sought to be preferred is hit by huge delay and latches.
5. Accordingly, finding no merit in the present application the same is dismissed.
CRL.L.P. 198/2023
6. In view of order passed in CRL.M.A.10461/2023, the appeal is rejected.
The court emphasized the impact of huge delay and latches in seeking condonation of delay, despite the consideration of the period during the COVID-19 pandemic as out of limitation.
The impact of the COVID-19 pandemic on limitation periods and the requirement for a plausible explanation for delay in filing appeals.
The court emphasized the importance of providing a plausible explanation for delay in filing appeals and considered the impact of the COVID-19 pandemic on limitation periods.
Failure to adequately explain a delay of 462 days in filing a Criminal Leave Petition can lead to the dismissal of the application seeking condonation of delay.
The court emphasized the importance of providing a plausible explanation for substantial delay in filing a petition and considered the impact of the COVID-19 pandemic on limitation periods.
The court emphasized the importance of timely filing of appeals and the need for justifiable grounds for appeal, especially when the grounds existed at the time of trial and acquittal.
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