The court condoned a 16-day delay in filing an appeal by the complainant against acquittal. The application seeking leave to appeal was disposed of as it is not legally require.
Appeal application due to delay allowed; Leave to appeal application disposed of.
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Champa Devi vs. Hemant Sharma and Others
CRMPM No. 1810 of 2026
15.09.2026
Present: Mr. Abhinav Mohan Goel, Advocate (Legal Aid Counsel), for the appellant.
Mr. Raj Negi, Deputy Advocate General, for respondent No. 3-State.
CRMPM No. 1810 of 2026
Present appeal has been preferred by the complainant, who is victim in case FIR No. 17/2022, dated 15.07.2022, registered in Women Police Station, District Shimla, H.P. under Sections 376(2)(n), 417, 354C of IPC and Section 67A of IT Act, as respondents No. 1 and 2 have been acquitted of the charges.
It has been submitted by learned counsel for the applicant that the applicant-complainant was not associated in day to day proceedings of the trial and, therefore, she came to know about passing of the judgment of acquittal at later point of time, and by the time, she approached this Court by filing an appeal, there was 16 days delay in filing the appeal against acquittal.
Considering the submissions made by learned counsel for the applicant-complainant, delay of 16 days in filing appeal is condoned. Application is allowed and disposed of.
CRMP No. 1811 of 2026
This application has been filed, seeking leave to appeal for filing appeal by the applicant-complainant against acquittal of the private respondents.
As per settled law, no application, seeking leave to appeal is required to be filed in an appeal to be preferred by the complainant and, accordingly, learned counsel for the applicant does not press this application. Application is disposed of accordingly.
Cr.A.(A-DB) No. of 2026 Cr.A.(A-DB) ST No. 5848 of 2026
Be registered.
Notice. Mr. Raj Negi, Deputy Advocate General,
appears, waives and accepts service of notice on behalf of respondent No. 3-State.
Notice to private respondents No. 1 and 2 be issued, returnable on next date, on taking steps within three days.
Records be requisitioned.
In the meanwhile, State is also directed to verify as to whether any appeal has been preferred by the State against the impugned judgment of acquittal.
List for consideration on 17.11.2026 .
(Vivek Singh Thakur) Judge
(Bhupesh Sharma) Judge
15th September, 2026 (Susheel)
2 issues framed by the court
Whether delay in filing appeal by complainant against acquittal should be condoned.
Whether leave to appeal application is maintainable against acquittal.
Champa Devi
Hemant Sharma
State
Vivek Singh Thakur
Bhupesh Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
