Shaikh Sahenazbanu Salimuddin vs State Of Gujarat
2025 Latest Caselaw 7239 Guj

Gujarat High Court

Shaikh Sahenazbanu Salimuddin vs State Of Gujarat on 6 October, 2025

                                                                                                          NEUTRAL CITATION




                             R/CR.MA/16971/2025                              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.
                                                16971 of 2025

                                            In F/CRIMINAL APPEAL NO. 31306 of 2025
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                                                  SHAIKH SAHENAZBANU SALIMUDDIN
                                                               Versus
                                                      STATE OF GUJARAT & ANR.
                       ================================================================
                       Appearance:
                       MR BIPIN BHATT(1529) for the Applicant(s) No. 1
                       NOTICE SERVED for the Respondent(s) No. 2
                       PUBLIC PROSECUTOR 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 seeking delay of 181 days in preferring an appeal against the judgment of acquittal.

2. Heard learned counsel Mr.Bipin Bhatt for the applicant and learned APP Ms.Krina Calla for the respondent no.1-State. Despite service of notice on respondent no.2/accused, none appears. Thus, this application is not opposed by respondent no.2/accused.

3. The petitioner is the mother of the victim girl, who is a minor. Therefore, the petitioner also comes within the definition of the victim under Section 2 (wa) of the Criminal Procedure Code, 1973. The second respondent was prosecuted for the offence punishable under Sections 363, 366, 366(a), 376(2)(n) and 114 of the Indian Penal Code, 1860 and under

NEUTRAL CITATION

R/CR.MA/16971/2025 ORDER DATED: 06/10/2025

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Sections 5(l), 6 and 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. After trial, eventually, he was acquitted of the said charges. Aggrieved by the said judgment of acquittal, the petitioner as a victim filed an appeal challenging the said judgment of acquittal. There is a delay of 181 days in filing the appeal. Explaining the said delay, it is stated that the petitioner is a poor illiterate lady and as such she has approached the High Court Legal Service Committee seeking legal aid and after legal aid is appointed on her request that the present appeal is preferred and the said delay took place in the said process and it is not deliberate. Thus, the petitioner has satisfactorily explained the delay in filing the appeal. The said reason assigned in explaining the delay by the petitioner is not opposed and controverted by the second respondent/accused, who did not contest this application.

4. Therefore, in the said facts and circumstances of the case, we deem it fit to condone the said delay to enable the applicant to pursue her appeal.

5. Resultantly, the application is allowed condoning the said delay of 181 days in filing the appeal.

Sd/-

(CHEEKATI MANAVENDRANATH ROY, J)

Sd/-

(D. M. VYAS, J) ABHISHEK/7