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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
State of Sikkim – Appellant
Versus
Rup Narayan Rai (Chamling) – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - This is to consider an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 273 days in preferring criminal appeal against the judgment dated 30.6.2022, passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 at Namchi in Sessions Trial (POCSO) Case No. 27 of 2020 in the matter of State of Sikkim vs. Rup Narayan Rai (Chamling) & Others. The Stamp Reporter's computation suggests that the delay is 274 days.
2. The delay is sought to be explained on various grounds. According to the Applicant, on 28.9.2022 the learned Public Prosecutor having received a copy of the judgment on 26.9.2022 opined that there were very few and trivial grounds to prefer an appeal but nevertheless, opinion may be sought from the learned Advocate General's Office. The time taken by the learned Public Prosecutor to give his opinion is explained on the ground that the case involved a lot of evidence and further that he had his personal and other professional engagements. On a chance meeting on 9.12.2022 by the learned Public Prosecutor with the learned Additional Public Prosecutor of this Court, it is said, he inq
A pragmatic approach is essential in condoning delays in criminal appeals, prioritizing substantial justice over technicalities, especially in cases involving victims.
The court endorsed a liberal approach to condoning delays in appeals, emphasizing substantial justice over technicality, while holding the State to the same standards as other litigants.
Condonation of delay under the Limitation Act requires substantial justification, and the State is treated no differently than private litigants in these matters.
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