AI Structured Summary
Not yet generated for this judgment
Judgment
This order shall govern the disposal of I.A.
No.14239/2018, an application for condonation of delay.
The facts, in short, are that the appellant after trial convicted in S.T. No.123/2013 on 31/07/2014 for the offence punishable under Sections 376, 506 Part-II of IPC and sentenced to undergo ten years RI along with fine of Rs.5,000/-with default stipulation and one year RI and fine of Rs.1,000/-with default stipulation respectively. Appellant's friend Neeraj Dongre has filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 before this Court.
Appellant's friend Neeraj Dongre has filed this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 before this Court. The appeal is time barred by 1406 days. The cause shown in the application i.e. I.A. No.14239/2018 is that the appellant has no relative and no one helped him to file this appeal. He is a poor person. Nobody in his relation has made any efforts to file this appeal. He asked and instructed Neeraj Dongre who met him in the jail for filing this appeal. Neeraj Dongre has filed an affidavit in support of that submissions.
This Court informed the appellant and asked for the report from the jail, in this regard. Jail Superintendent submitted that the relatives of the appellant offenly came to meet the appellant in jail, however, they were not interested to file the appeal. When jail authority asked for that to the appellant, the appellant fairly stated that his relatives would file an appeal. The appellant no where stated that he has instructed Neeraj Dongre to file the appeal. Neeraj Dongre engaged a counsel.
On the basis of above mentioned facts, this Court does not find any reason for condoning the delay in filing this appeal which is barred by inordinate delay of four years. In this respect it is held that when there is no acceptable and plausible explanation submitted for condoning the delay, this Court is not inclined to condone the inordinate delay in filing this appeal.
Hence, I.A. No. 14239/2018 is dismissed.
Since the appeal is time barred, this appeal could not be admitted for hearing.
Consequently, this appeal is also dismissed.