Abdul Ghafoor and Sakeena Khatoon vs The State of Bihar

Kishore K. Mandal

This application has been preferred against the judgment and order dated 9.02.2008, passed in Cr. Appeal No. 05/20 of 2005 (Abdul Ghafoor and Anr. v. State), whereby learned appellate court on a consideration of materials on record concurred with the finding of guilt recorded by learned trial court under sections 323, 447 and 452 IPC. They were, however, acquitted of the charges punishable u/s 379 IPC.

Present revision application has been filed after inordinate delay. It appears that the application is barred by delay of more than 15 months.

Learned counsel for the petitioners presses I. A. No.1888 filed u/s 5 of the Limitation Act. In paragraphs 5, 6 and 7 petitioners have tried to explain the delay. The female inmate of the house (petitioner no.2) is also said to have gone to Delhi. In paragraph 7, it is stated that petitioner no.1 on his return home was arrested and could know about the disposal of the appeal. The appeal was considered and disposed of in presence of the counsel for the appellants.

From the pleadings made in the application seeking condonation of delay, this Court is not satisfied that a case for condonation of delay has been made out. Accordingly, the same is rejected.

Since I have already rejected the application seeking condonation of delay, the present criminal revision application is also dismissed as barred by limitation.