- (1.) We have perused the Office report dated 03.02.2021, according to which the limitation for filing instant appeal is 90 days and not 60 days, therefore, we treat the appeal as within limitation.
(2.) This appeal was filed by Sageer Khan informant and father of the victim. The victim on the date of alleged crime is said to have been a minor, however, learned counsel for the appellant fairly submits that on the date of filing of this appeal under Section 372 Cr.P.C. i.e. 28.01.2021, she had attained the age of majority and is surviving.
(3.) This Court on 04.02.2021 noticing the aforesaid defect passed the following order:- "Learned AGA has pointed out defect in array of parties to the effect that guardian of victim has filed appeal while victim still survives, which is not in tune of Full Bench decision of this Court reported in Manoj Kumar Singh v. State of U.P. and others , 2016 97 AllCriC 861]. Counsel for appellant seeks time to rectify the defect. List this appeal in next week as fresh." ;