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2015 Supreme(Ker) 1074

K.T.SANKARAN, BABU MATHEW P.JOSEPH
Yohannan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For Appellant :K. Gopalakrishna Kurup, Sr. Advocate and Abhishek Kurian

ORDER :

K.T. Sankaran, J.

1. The question involved in these appeals at present is whether there is any period of limitation for filing an appeal by the victim challenging the acquittal of the accused and if so, what is the period of limitation. All these appeals are filed by the victims in the respective cases. There is no dispute that the appellants are victims as defined in S. 2(wa)of the Code of Criminal Procedure. The appeals were filed beyond ninety days from the date of the judgment passed by the Sessions Court. The Registry raised an objection that the appeals are time barred. The appellants take the stand that since there is no period of limitation for filing an appeal by the victim, there is no need to file any application for condonation of delay.

2. The proviso to S. 372 of the Code of Criminal Procedure provides for an appeal by the victim. For the sake of convenience, Section 372 is extracted below:

"372. No appeal to lie unless otherwise provided.--No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other



































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