HC directs lower court to hear woman’s appeal


The Madurai Bench of Madras High Court has allowed a woman to re-present her appeal papers before a lower court. The Principal District Court, Sivaganga, would number the appeal and take it on file, the court said.

The court was hearing a petition filed by the woman from Sivaganga district. She had filed a complaint against M. Sethupathi on the charge of harassing her. The Judicial Magistrate II, Sivaganga, acquitted the accused from the charge giving him the benefit of doubt.

The woman preferred an appeal over the verdict before the Principal District Court, Sivaganga. However, the appeal was returned directing her to file the appeal with condonation of delay application.

The appeal papers were again returned when the woman submitted that there was no delay in filing the appeal.

Taking up for hearing the petition that sought a direction to the lower court to hear the case, Justice G.K. Ilanthiraiyan observed that there was no delay in filing the appeal as against the order of the acquittal.

The appeal was filed under Section 372 of CrPC that gives the victim the right to appeal.

Relying on the Judgement of the Allahabad High Court, the court said that no period was prescribed under Section 372 of CrPC for victims to file an appeal. But the provision speaks of appeals against acquittal and as such period of 90 days should be applicable to appeals under Section 372 of CrPC, the court said.

In the present case, the appeal filed was within a period of 43 days from the date of acquittal. Therefore the appeal filed was well within time.

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Printable version | Jun 5, 2020 6:43:58 PM |

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