Supreme Court of India · 1977-03-04
STATE OF RAJASTHAN vs RAMDEEN & OTHERS
- Citation / case number
- SC 1976/61031
- Court
- Supreme Court of India
- Petitioner
- STATE OF RAJASTHAN
- Respondent
- RAMDEEN & OTHERS
- Author
- P.K. GOSWAMI
- Bench
- P.K. GOSWAMI
Judgment text excerpt
The Supreme Court held that the State can appeal against acquittal under Section 378(1) and (3) of the Code of Criminal Procedure, 1973, within ninety days from the acquittal order. The Court clarified that an application for leave to appeal must be treated as a memorandum of appeal, and the right to appeal cannot be jeopardized by delays in the High Court's disposal of the application. The appeal was allowed, affirming the necessity of adhering to the prescribed limitation period under Article 114(a) of the Limitation Act, 1963.