STATE OF SIKKIM Vs. RAJU CHETTRI AND ANR.

JUDGEMENT

(1.) This is an application filed by the State of Sikkim under Sec. 5 of the Limitation Act for condonation of delay in filing an appeal for enhancement of sentence under Sec. 377 of the Code Criminal Procedure (in short "Criminal Procedure Code").

(2.) The case of the petitioner is that the respondents herein were convicted and sentenced to life imprisonment and fine by the learned Sessions Judge, Special Division - I (1/C) at Gangtok in Sessions Trial Case No. 4 of 2004 on 31st March, 2006. When the appeal filed by the respondents against the judgment of conviction and sentence came up for hearing before this Court on 2nd May, 2007, the learned Public Prosecutor; appearing before this Court submitted that the sentence of life imprisonment and fine passed under Sec. 302/34 of the Indian Penal Code (in short "Indian Penal Code") was grossly inadequate and as such, the State proposes to take necessary steps for enhancement of sentence. Upon such submission being made, the matter was adjourned so as to enable the State to take necessary steps to file an appeal under Sec. 377, Code Criminal Procedure Accordingly, the State took necessary steps and filed the accompanying appeal. It is, therefore, contended that the delay that occurred on account of the reasons stated above was genuine and as such, the cause shown is satisfactory and sufficient for condonation of the delay sought for.

(3.) The respondents opposed the application by filing a joint written objection wherein it is contended that the appeal having been filed after a lapse of about 450 days was hopelessly time barred. Over and above, the explanation given by the State-petitioner does not explain the full length of delay that occurred in filing the appeal and as such the same cannot be taken as satisfactory in the circumstances of the case.