2025 Supreme(Online)(Mad) 9744
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice SUNDER MOHAN
V.P.RAMAN – Appellant
Versus
ASOKAN – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.12.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.23155 of 2025 in Crl.A.SR.No..62595 of 2025 V.P.Raman ...Appellant/Victim A Vs.
1. The Inspector of Police, Deevattipatti Police Station, Salem.
2. Asokan
3. Sekar
4. Madhu
5. Durai @ Chelladurai
6. Mani @ Subramani
7. Rajalingam
8. Thilagam
9. Rani
10. Rajamani
11.Elumalai
12. Gunasekaran ... Respondents PRAYER: Criminal Miscellaneous Petition has been filed under Section 419 of BNSS Act to condone the delay of 3545 days in filing the appeal against the order of acquittal passed in S.C.No.312 of 2012 on the file of the Sessions Judge, Mahila Court, Salem dated 30.10.2013 in acquit of all the respondents/accused.
For Petitioner : Mr.T.Sivagnanasambandan
O R D E R
The petition has been filed to condone the delay of 3545 days in filing the appeal against the judgement of acquittal passed in S.C.No.312 of 2012.
2. The respondents 2 to 12 were tried for the offence under Section 306 of IPC. The learned trial Judge found that, even if the evidence adduced on the side of the prosecution is accepted, the offence under Section 306 of IPC would not be made out; that in order to constitute the offence of abetment to commit suicide, the prosecution has to establish that the deceased was subjected to such kind of cruelty; that the victim had no other option except to commit suicide; and that the mere words “Go and Die” would be insufficient to find a person guilty of the offence.
3. The learned counsel for the petitioner submitted that, he came to know about the judgement of acquittal only on 30.10.2013 and by that time, the appeal was barred by limitation; that the petitioner has a good case on merits; and that the Judgment of the trial Court suffers from perversity.
4. The relevant portion of the reason stated in the affidavit for the delay in filing the appeal is as follows:
“I submit that the delay in filing this Appeal is due to the fact that, the order of Acquittal passed by the Trial Court Judge, came to our knowledge on 30.10.2013, by that time the limitation period for filing of the Appeal elapsed. I have a good case to succeed and hence I prefer to file this Appeal as against the order of the Acquittal passed by the Trial Court. The delay in filing of the Appeal is neither willful nor wanton by due to the bonafide reasons stated above. I submit that if the delay has not been condoned, I will be put to great hardship and sufferings”.
5. This Court finds that the above appeal was filed on 29.10.2025. There is no explanation for the delay from 30.10.2013 to 29.10.2025 in filing the appeal. The appeal has been filed against the Judgment of acquittal which also does not suffer from any infirmity. This Court therefore, finds that the petition is liable to be dismissed for not showing sufficient cause for the delay of more than 10 years in filing the appeal.
6. Accordingly, this Criminal Miscellaneous petition is dismissed.
Consequently, the Criminal Appeal is rejected at the SR stage itself.
05.12.2025 sma/dk SUNDER MOHAN, J.
sma/dk To
1.The Family Court, Vellore, Vellore District. 2.The Public Prosecutor, High Court, Madras.
05.12.2025