P.R.RAMACHANDRA MENON, P.UBAID, A.M.BABU
Sobhanakumari K. – Appellant
Versus
Santhosh – Respondent
A.M. Babu, J.
1. Is a period of limitation prescribed for an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C for short) by a victim? If not, within what time shall be filed such an appeal? These are the questions to be considered. The Trial Court acquitted the accused of the charge under Section 302 of the Indian Penal Code. The mother of the person murdered sought leave under Section 378(3) of Cr.P.C to appeal against the acquittal. The application seeking the leave came up for consideration before a Division Bench of this Court. The Division Bench noticed that the memorandum of appeal was filed beyond the period of limitation stipulated in Article 114 of the Limitation Act. The Division Bench made an order of reference doubting the correctness of the decision of another Division Bench of this Court in Vinod v. State of Kerala 2016 (1) KHC 674 : 2016 (1) KLD 308 : 2016 (1) KLT 680. The decision in Vinod's case holds that no period of limitation is prescribed for filing an appeal under the proviso to Section 372 of Cr.P.C. The order of reference refers to the decision of the Apex Court in Satya Pal Singh v. State of M.P. 2015 KHC 4662 :
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