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2024 (2) TMI 1012 - SUPREME COURTCondonation of delay by applying Section 5 of the Limitation Act - case of an appeal against acquittal - whether the period of filing an appeal against acquittal, has been prescribed under Section 378(5) of CrPC itself, where there is no provision for condonation of delay? - HELD THAT:- In the present case, there is no such exclusionary provision under Section 378 of CrPC, or at any other place in the Code. The benefit of Section 5 read with Sections 2 and 3 of the Limitation Act, 1963 can therefore be availed in an appeal against acquittal. There is no force in the contentions raised by the appellants as regards the non-application of Section 5 of the Limitation Act in the present case and the appeal is therefore dismissed. Neither Hukumdev Narain Yadav [1973 (12) TMI 92 - SUPREME COURT] or Gopal Sardar [2004 (3) TMI 743 - SUPREME COURT] would help the case of the appellant as both these cases deal with special laws which prescribed a period of limitation and the expression of the language contained in the law is very clear that under no circumstances can such a limitation be condoned. The relevant provisions have already been discussed earlier. Appeal dismissed.
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