Ushaben W/O. Maheshbhai Behcharbhai ... vs Anilbhai Shankarbhai Parmar
2025 Latest Caselaw 7493 Guj

Gujarat High Court

Ushaben W/O. Maheshbhai Behcharbhai ... vs Anilbhai Shankarbhai Parmar on 14 October, 2025

                                                                                                            NEUTRAL CITATION




                           R/CR.MA/13671/2025                                 ORDER DATED: 14/10/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY)
                                           NO. 13671 of 2025

                                       In F/CRIMINAL APPEAL NO. 14790 of 2025

                                                         With
                                         F/CRIMINAL APPEAL NO. 14790 of 2025
                      ==========================================================
                            USHABEN W/O. MAHESHBHAI BEHCHARBHAI PARMAR AND D/O.
                                         BHAGUBHAI LAKHABHAI PARMAR
                                                    Versus
                                     ANILBHAI SHANKARBHAI PARMAR & ANR.
                      ==========================================================
                      Appearance:
                      VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
                      FRESH NOTICE SERVED(4512) for the Respondent(s) No. 1
                      MS. KRINA CALLA ADDITIONAL PUBLIC PROSECUTOR for the
                      Respondent(s) No. 2
                      ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH
                                ROY
                                and
                                HONOURABLE MR.JUSTICE D. M. VYAS

                                                     Date : 14/10/2025

                                                 ORAL ORDER

(PER : HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH ROY)

1) This application under Section 5 of the

Limitation Act is filed seeking condonation of

delay of 119 days in preferring appeal against

judgment of acquittal.

2) Heard learned Counsel for the applicant

Mr.M.M. Bukhari for V.A. Kureshi and Ms Krina

NEUTRAL CITATION

R/CR.MA/13671/2025 ORDER DATED: 14/10/2025

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Calla learned APP for respondent no. 2 State.

Despite service of notice on respondent no. 1

none appeared. Thus, this application is not

opposed by the respondent no. 1.

3) Respondent no.1 was prosecuted for the

offenses punishable under Section 376(2)(F)(N),

376(3), 506(2), 323 of IPC and under Section

4(2), 5(L)(N), 6, 12 of POCSO Act. After

conclusion of the trial, the respondent was

acquitted of all the said charges. Aggrieved

thereby, the mother of the prosecutrix being a

victim as defined under Section 2(wa) of Cr.P.C.

preferred an appeal challenging the said judgment

of the acquittal. There is a delay of 119 days in

preferring the appeal. Explaining the said delay,

it is stated that the appellant is an illiterate

lady and being oblivious of the procedure

prescribed for preferring an appeal and also due

to some communication gap in contacting her

advocate to prefer an appeal, this delay of 119

NEUTRAL CITATION

R/CR.MA/13671/2025 ORDER DATED: 14/10/2025

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days took place in preferring the appeal. The

said explanation offered by the applicant in

explaining the said delay is not opposed,

controverted and denied by the first respondent

who did not contest the petition. Therefore, as

the appellant is a rustic woman and also an

illiterate woman and as it is stated that she

could not contact her advocate and is not aware

of the procedure in preferring the appeal, we are

of the considered view that the delay has been

satisfactorily explained. So, she is entitled for

condonation of the said delay to enable her to

pursue her appeal.

4) Resultantly, the application is allowed

condoning the delay of 119 days in preferring the

appeal.

(CHEEKATI MANAVENDRANATH ROY, J)

(D. M. VYAS, J) YASH ARORA