Reenaben D/O Murarilal Harishankar ... vs State Of Gujarat
2025 Latest Caselaw 7238 Guj

Gujarat High Court

Reenaben D/O Murarilal Harishankar ... vs State Of Gujarat on 6 October, 2025

                                                                                                         NEUTRAL CITATION




                             R/CR.MA/13297/2025                             ORDER DATED: 06/10/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.
                                                13297 of 2025

                                            In F/CRIMINAL APPEAL NO. 24451 of 2025
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                                   REENABEN D/O MURARILAL HARISHANKAR AGRAWAL
                                                      Versus
                                             STATE OF GUJARAT & ANR.
                       ================================================================
                       Appearance:
                       MR. RAAJEN D JADHAV(10026) for the Applicant(s) No. 1
                       MS. KRUTI M SHAH(2428) for the Respondent(s) No. 2
                       MS KRINA CALLA, APP for the Respondent(s) No. 1
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                            CORAM:HONOURABLE MR. JUSTICE CHEEKATI
                                  MANAVENDRANATH ROY
                                  and
                                  HONOURABLE MR.JUSTICE D. M. VYAS

                                                       Date : 06/10/2025
                                                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1. This application under Section 5 of the Limitation Act is filed to condone the delay of 273 days in filing an appeal against the judgment of acquittal.

2. Heard learned advocate Ms.Ankita D. Goswami for learned advocate Mr.Raajen D. Jadhav for the applicant, learned APP Ms.Krina Calla for respondent no.1-State and learned advocate Mrs.Devesh P. Gupta for learned advocate Ms.Kruti M. Shah for respondent no.2.

3. The petitioner is the victim and on her report, the case under Section 376 (2)(n) of the Indian Penal Code, 1860 was registered and the second respondent was prosecuted for the said offence. Eventually, he was acquitted of the said charges. Aggrieved by the said judgment of

NEUTRAL CITATION

R/CR.MA/13297/2025 ORDER DATED: 06/10/2025

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acquittal, the victim has preferred the appeal. There is a delay of 273 days in filing the an appeal against the judgment of acquittal. Explaining the delay, it is stated that the victim is not aware of the pronouncement of the judgment and also the date of pronouncing the judgment and subsequently, she came to know that the accused was acquitted of the said offence and thereafter, she has taken a legal advice and filed this appeal and in the said process, the said delay of 273 days has taken place.

4. Thus, the petitioner has satisfactorily explained the delay in filing the appeal against the judgment of acquittal. The said reasons assigned by the petitioner in explaining the delay are not seriously controverted by the respondents. Only formal objection was taken by respondent no.2 opposing the said delay.

5. Therefore, in the said facts and circumstances of the case, we deem it appropriate to condone the delay in filing the appeal to enable the petitioner to pursue her appeal.

6. Therefore, this application is allowed condoning the delay of 273 days in filing an appeal.

Sd/-

(CHEEKATI MANAVENDRANATH ROY, J)

Sd/-

(D. M. VYAS, J) ABHISHEK/6