The court's capacity to condone delays in appeals based on sufficient cause, particularly in emotional contexts.

CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

7 24-12-2025 Ref.:-I.A. No. 1 of 2024 The present interlocutory application has been filed under Section 5 of the Limitation Act, 1963 for condoning delay of against the judgment of conviction and order of sentence dated 18.4.2024 and 19.4.2024 respectively, passed in Sessions Trial No. 22 of 2023, arising out of Pachrukhi P.S.Case No. 103 of

2022, by the Ld. Court of Sessions Judge, Siwan.

2. The learned counsel for the appellant submits that after passing of the impugned judgment of conviction and order of sentence, the appellant, who is the father of the victim, was in shock on account of lesser punishment having been inflicted on the Respondent No. 2 as also on account of acquittal of the Respondent No. 3, however after some time, he came out of shock and trauma and took steps for filing of the present appeal for enhancing the sentence of the Respondents no. 2 and 3 and then he approached the concerned lawyer, whereafter the said counsel had asked for certified copy of the impugned judgment of conviction and order of sentence, which also consumed some time and then the present appeal was drafted, after which the same has been filed, hence it is submitted that a sympathetic view be taken and the delay, which has occurred in filing the present appeal be condoned.

3. The learned A.P.P. for the State does not have any serious objection in case the delay in filing the appeal is condoned.

4. We have perused the present petition and find that sufficient cause has been shown so as to warrant condonation of 5. Accordingly, I.A. No.1 of 2024 is allowed and delay of 130 Criminal Appeal (DB) No. 1312 of 2024

6. List for admission. (Mohit Kumar Shah, J)