Tamil Nadu - Madurai   

Condone delay in appeal, death convict tells court

MADURAI: V. Selvam (22), a death convict lodged in the Central Prison here, has made a fervent plea to the Madras High Court Bench to admit a criminal appeal filed by him belatedly against the sentence awarded by the trial court.

In his affidavit filed in support of a petition to condone the delay, he said: “I should have filed the appeal on or before September 1, but I was shell-shocked on hearing the trial court’s judgment and could not take any decision within the stipulated time.”

He went on to say: “Like me, my parents, too, were in shock and failed to take necessary steps on time. The delay was neither wilful, nor wanton. Moreover, it is also not inordinate. Hence, I seek the indulgence of this court to condone it.”

The convict said he realised the opportunity to defend his case through the appeal only on receiving summons from the High Court, which had taken cognisance on the basis of the matter having been referred to it by the trial court for ratification. “Immediately, I requested the legal aid centre in the High Court Bench, through the Jail Superintendent, to appoint a lawyer to defend my case. Meanwhile, my father met me and informed that he had engaged a counsel to file the appeal.”

Accepting his submission, a Division Bench of Justices R. Regupathi and R. Subbiah admitted the appeal and ordered notice to the prosecution. The appeal was clubbed with the proceedings referred to them by the trial court.

The limitation for filing an appeal against a death sentence is 30 days from the date of pronouncement of judgment.

At the same time, the Criminal Procedure Code requires trial courts to submit such proceedings to the High Court for confirmation.

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