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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA, J.
Shahul Hameed S/o. Muhammed – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Crl.M.A.No.1 of 2024 in Crl.Appeal(V) No.68 of 2024
This is an application filed under Section 5 of the Limitation Act, 1963 for condoning the delay in filing the appeal.
2. In the application it is alleged thus – The aforesaid criminal appeal has been filed against the judgment of the Additional Sessions Judge-V, Palakkad, dated 22/11/2013 in S.C.No.12/2009. The appeal ought to have been filed on or before 22/01/2014. However, the applicant was under the impression that S.C.No.12/2009 had not been taken up for trial because had it been taken up for trial, he being the complainant/injured would have been served with summons to appear before the court to adduce evidence. The applicant received summons to appear before the Additional Sessions Judge-III, Palakkad, on 07/09/2024 as a witness in the connected case, that is, S.C.No.503/2008. Only then on making enquiries, he came to know that S.C.No.12/2009 had been disposed of on 22/11/2013 and the accused acquitted without examining him. Immediately thereafter, steps were taken to challenge the judgment. Hence, the delay of 3202 days in filing the appeal.
3. The application is opposed by respondents 2, 3 and 4, who have also fil
The court emphasized that a significant delay in filing an appeal must be adequately explained, and mere claims of ignorance are insufficient to justify such delays.
Inordinate delay cannot be condoned without sufficient cause explaining each day's delay, substantiated by evidence; vague, unsubstantiated plea of family illness fails against rigorous limitation la....
The court reiterated that the burden of proving sufficient cause for delay in filing an appeal lies with the appellant, and mere ignorance or reliance on counsel is insufficient.
The main legal point established is the requirement to prove 'sufficient cause' for delay in filing an appeal, as well as the principles of liberal approach, lack of bona fides, and the conduct and a....
The court ruled that a delay of 1994 days in filing an appeal cannot be condoned due to lack of sufficient cause, emphasizing the importance of timely legal action.
The court ruled that mere negligence and lack of diligence do not constitute sufficient cause for condoning delay in filing an appeal under the Limitation Act.
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