SOBHANAKUMARI Vs. SANTHOSH

JUDGEMENT

(1.) - This is an application filed by the mother of the 'victim 1 seeking leave of this court under section 378(3) of the Code of Criminal Procedure (Cr.P.C.) to file an appeal against the acquittal of the 1st respondent in SC No.936/2012 by the Additional Sessions Court, Neyyattinkara.

(2.) While considering the application for special leave, incidentally the question of limitation In filing the appeal came to notice of this court. The Sessions Court had passed the judgment on 23.5.2016. Going by the certified copy of the judgment produced along with the appeal memorandum which was received by the appellant on 8.6.2016, the appeal filed on 17.11.2016 is beyond the period of limitation stipulated under Art. 114 of the Limitation Act, 1963. Learned counsel for the petitioner contended that, the period of limitation stipulated under Art. 114 would apply only in respect of appeals filed under section 378(l) and (2) of Crl.P.C. and not with respect to an appeal filed under the proviso to section 372 Cr.P.C.

(3.) In this regard he placed reliance on a Division Bench decision of this court in Vinod Vs. State of Kerala, 2016 (1) KLT 680 : 2015 ICO 1511 . Since the legal proposition settled was found to be prima facie doubtful, we were prepared to consider the matter elaborately.