( 1 ) HEARD Mr. K. C. Shah, learned counsel appearing for the applicant-State. The present application is preferred by the applicant-State under Section 5 of the Limitation Act for condonation of delay, whereby the applicant-State has prayed for condonation of delay caused in preferring the appeal against the judgment and order of acquittal dated 10th February, 2004, recorded by the learned Additional Sessions Judge, Fast Track Court No. 6, Porbandar, in Sessions Case No. 18 of 2003, whereby the learned Judge acquitted the opponent-accused from the charge of offence punishable under Sections 376, 323 and 452 of the Indian Penal Code. It is contended that for the reasons mentioned in paragraph nos. 3,4,5 and 6 of the memo of the application, the delay of 399 days caused in preferring the appeal may kindly be condoned.

( 2 ) ACCORDING to us, this is a case of gross delay and the applicant-State is under obligation to convince this Court by assigning sufficient and convincing reasons for causing such an inordinate delay of 399 days. It is averred that the certified copy of the judgment and order was applied for by the learned Public Prosecutor on the very day of the jud