Rajasthan High Court – Jodhpur
State Of Rajasthan vs Bhika Ram (2026:Rj-Jd:9956) on 24 February, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:9956]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 335/2024
State Of Rajasthan, Through Pp
----Appellant
Versus
Bhika Ram S/o Shri Achla Ram, Aged About 32 Years, R/o Jakha
Nagar Sumerpur Dist Pali Rajasthan Permanent Resident Of
Girali Sadri Dist. Pali Rajasthan
----Respondent
For Appellant(s) : Mr. N.S. Chandawat, DyGA
For Respondent(s) : None present
HON'BLE MR. JUSTICE FARJAND ALI
Order
24/02/2026
1. Notices are duly served upon the respondent and learned
counsel Mr. A.D. Ujjwal has filed Vakalatnama on his behalf.
However, he is not present in the court today to argue the matter.
2. The instant criminal leave to appeal under Section 378(3) of
the Code of Criminal Procedure, 1973 has been filed by the State
seeking leave to prefer appeal against the judgment dated
05.04.2023 passed by the learned Special Judge, Protection of
Children from Sexual Offences Act, 2012 No.2, Pali in Sessions
Case No. 83/2022, whereby the accused-respondent came to be
acquitted of the offences alleged against him.
3. The leave to appeal application is reported to be barred by
limitation by 335 days. Along with the leave petition, the State has
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preferred an application under Section 5 of the Limitation Act
seeking condonation of delay.
4. Heard on the application under Section 5 of the Limitation
Act and the material placed on record has been perused.
5. The explanation furnished in the application reveals that the
impugned judgment was delivered on 05.04.2023. The certified
copy was applied for and made ready on 12.04.2023 and the
same was received on 26.04.2023. Thereafter, the learned Special
Public Prosecutor, POCSO Court No.2, Pali, after examining the
impugned judgment and the record of the case, forwarded the
matter along with his legal opinion to the District Collector, Pali
vide letter dated 11.05.2023 for appropriate action.
6. It is further averred that the District Collector, Pali, upon
consideration of the material available on record and the legal
opinion forwarded, transmitted the case record to the Law
Department, Jaipur vide communication dated 27.10.2023 for
necessary decision. The matter was processed at various
administrative levels in the Law Department and, upon due
consideration, a sanction letter dated 24.04.2024 for filing appeal
against the impugned judgment was issued. The sanction was
received in the Office of the Government Advocate, Jodhpur on
14.05.2024 and the matter was thereafter entrusted to the Public
Prosecutor for drafting of the leave to appeal and appeal.
7. It is stated that after examining the entire record, the Public
Prosecutor drafted the leave to appeal and appeal along with the
application under Section 5 of the Limitation Act on 31.05.2024.
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The documents were typed and handed over for e-filing. However,
due to technical issues relating to network connectivity, the same
came to be filed on 03.06.2024, resulting in delay in presentation
before this Court.
8. The delay, as explained, thus occurred during the stages of
obtaining certified copies, securing administrative approval from
the competent authority, processing at different governmental
levels, issuance of sanction and eventual filing after drafting. The
State functions through an impersonal machinery and decisions
relating to filing of appeals against acquittal necessarily undergo
scrutiny at multiple levels. The record indicates that the matter
was pursued in the normal course of official business and there is
nothing to suggest deliberate inaction or mala fides.
9. While it is true that the delay is of 335 days and is
substantial, it is equally settled that when the State seeks
condonation, some latitude is permissible in view of the procedural
formalities inherent in governmental functioning, provided that the
explanation does not disclose negligence or lack of bona fides. The
object of Section 5 of the Limitation Act is to advance substantial
justice and not to defeat it on technical grounds, particularly
where the matter relates to an appeal against acquittal in a
criminal case involving serious offences.
10. Upon consideration of the averments made in the application
and the chronology placed on record, this Court is satisfied that
the delay has been sufficiently explained and that the same was
occasioned on account of procedural and administrative processes
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rather than any deliberate or intentional lapse. The cause shown
appears to be bona fide.
11. Accordingly, the application under Section 5 of the Limitation
Act deserves to be allowed. The delay of 335 days in filing the
criminal leave to appeal stands condoned. The leave to appeal
application shall be treated as having been filed within limitation.
12. Heard learned Public Prosecutor on the application seeking
leave to appeal.
13. In a prosecution launched against the respondent for the
commission of offences under the penal provisions as alleged in
the charge-sheet, the learned trial court, after full-fledged trial,
acquitted the accused respondent.
14. On a prima facie consideration of the reasons assigned in the
impugned judgment of acquittal and the material available on
record, this Court is of the view that arguable issues arise for
consideration and the matter deserves re-examination in appellate
jurisdiction. At this stage, without expressing any opinion on the
merits of the case, it is considered appropriate to grant leave to
the State to prefer an appeal against the judgment of acquittal.
15. Accordingly, the instant application seeking leave to appeal is
allowed. Leave to appeal is granted. The memo of leave to appeal
application shall be treated as a criminal appeal and be registered
as such.
16. The appeal shall be listed for consideration on the point of
admission.
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17. The opportunity of hearing shall be provided to the
respondent at the time of hearing on the point of admission of
appeal.
18. Office to proceed.
(FARJAND ALI),J
57-Pramod/-
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