The State Of Tamil Nadu v. Rajasrikaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.A.(MD)SR.No.1451 of 2025 State of Tamil Nadu Rep. By The Inspector of Police, All Women Police Station, Orathanadu, Thanjavur District.

... Petitioner versus

1. Rajasrikaran

2. Selinba

...Respondents

Prayer in C.M.P.(MD)No.489 of 2025: Petition filed under Section 5 of Limitation Act, to condone the delay of 462 days in filing the Criminal Appeal.

Prayer in Crl.A.(MD)SR.No.1451 of 2025: Application filed under Section 378(i) Cr.P.C. and under Section 419 of BNSS 2023, seeking to set aside and call for the order of acquittal rendered in Judgment dated 04.07.2023 made in Spl.S.C.No.51 of 2019 on the file of the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, 1/4

Thanjavur District.

For Petitioner : Mr.T.Senthil Kumar, Additional Public Prosecutor For R1 : Mr.K.M.Karunakaran For R2 : Mr.AN.Ramanathan

ORDER

This Civil Miscellaneous Petition is filed to condone the delay of 462 days in filing the appeal. The appeal is filed by the State, represented by the Inspector of Police, All Women Police Station, Orathanadu, Thanjavur District, challenging the the Judgment of acquittal dated 04.07.2023 made in Spl.S.C.No.51 of 2019 on the file of the learned Principal Special Court for Exclusive Trial of Cases under POCSO Act, Thanjavur District.

2. In the supporting affidavit, it is stated that they got opinion from different Public Prosecutors, therefore, there is a delay of 462 days in filing the appeal.

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3. The reasons assigned by the Department cannot be considered for condoning the delay. The Department is expected to give sufficient reasons for each and every day delay.

3. Since this Court is not satisfied with the reasons stated in the supporting affidavit, this Civil Miscellaneous Petition is dismissed and the Criminal Appeal in Crl.A.(MD)SR.No.1451 of 2025 is rejected at the SR Stage itself.

05.02.2025 NCC :Yes/No Index :Yes/No.

Internet: Yes/ No.

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B.PUGALENDHI, J.

ogy in Crl.A.(MD)SR.No.1451 of 2025 05.02.2025 4/4