Condonation of inordinate delay requires a specific and plausible explanation of 'sufficient cause'; vague assertions regarding government departmental formalities without supporting documentation are insufficient to justify the delay.

Order on Board

The present Criminal Misc. Petition has been filed by the petitioner/State seeking grant of leave to appeal against the impugned judgment dated 12.09.2023 passed by the learned Additional Sessions Judge, 2nd Fast Track Special Court, Bilaspur, District-Bilaspur, CG in Special Criminal Case (POCSO Act) No.73 of 2022 along with an application for condonation of delay (IA No.01/2024) to condone 231 days’ delay in filing the instant petition.

Learned counsel for the appellant/State would submit that though the scope of interference with an order of acquittal is limited, the appellate Court nonetheless possesses wide powers of re-appreciation of evidence, and where such reappraisal reveals that the findings of acquittal are unjust, perverse, or against eh weight of evidence, the appellate Court is fully empowered to reverse the same. Learned State counsel would further submit that the impugned judgment passed by the learned trial court is patently erroneous, perverse, and contrary to the settled principles of law. Despite there being ample, cogent, and reliable evidence available on record establishing the guilt of the accused respondent, the learned trial Court has erroneously acquitted him on wholly insignificant, unreasonable, and legally unsustainable grounds. The learned trial Court has failed to appreciate the prosecution evidence in its correct perspective, which clearly establishes the involvement of the respondent in commission of the alleged offence. Age of the victim stood proved beyond reasonable doubt through the seizure of the admission and date of birth register Ex.P8 and Ex.P8c, yet the learned trial Court committed a grave error in holding that the victim was not minor at the time of incident. FIR has been registered promptly, on the same date of incident, and there was no justification to disbelieve such cogent and reliable evidence. The findings of acquittal are based on minor, imaginary and irrelevant discrepancies, ignoring material evidence, thereby resulting in grave miscarriage of justice, as the evidence on record is clear, consistent and sufficient to prove the guilt of the respondent accused beyond any reasonable doubt.

It has also been contended that the State, after obtaining necessary documents and information with respect to the case preferred the present petition. However, some delay was occurred due to fulfillment of various departmental formalities and working of the Government machinery because the State Government is a multi functioning body, hence, at times the fulfillment of departmental formalities takes unexpected long time. Therefore, in some cases, the State is prevented from filing the case within the prescribed period of limitation, which is bona fide and not deliberate. The instant appeal is, therefore, being filed after delay of 231 days from the prescribed period of limitation. Reliance has been placed upon the judgment rendered by Hon’ble Supreme Court in the matter of State of Haryana Vs Chandra Mani and others , (1996) 3 SCC 132, to buttress the submissions. As such, the learned State counsel prays that the delay of 231 days in preferring the petition may be condoned.

The question for determination before this Court is whether the provisions of Section 5 of the Limitation Act, 1908 (i.e. Act 9 of 1908 i.e the old Limitation Act) would apply to an application for leave to appeal from an order of acquittal.

A bare perusal of the grounds raised in the application for condonation of delay would itself reflect that no justification or plausible explanation for each day’s delay has been explained by the counsel for the petitioner/State seeking condonation of 231 days’ delay in filing the application. The only bald and vague grounds which have been raised by the State in the application for condonation of delay are, the functioning of the State Government, where it requires departmental formalities which took unexpected long time for getting departmental sanction.

In absenc