LALA RAM versus HARI RAM

LALA RAM versus HARI RAM

Section 417(4), Code of Criminal Procedure, 1898, itself prescribes a period of limitation, and it is open to the legislature to do so; 'entertain' means 'file or receive by the court'; application for leave to appeal was within time since time for obtaining certified copy is deducted; no merit for benefit under Probation of Offenders Act as age not proved below 21.

Parties
Appellant: Lala Ram; Respondent: Hari Ram
Jurisdiction
India
Judgment Date
17 October 1969
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Judgment and Order of Rajasthan High Court
Outcome
Appeal dismissed
Legal Topics
Limitation, Right to Appeal, Probation of Offenders, Private Defence
Criminal Law Limitation Right to Appeal Probation of Offenders Private Defence

Case Brief

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Parties

Lala Ram

Appellant

Hari Ram

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Judgment and Order of Rajasthan High Court

Legal Issues

  1. 1 Whether the application for leave to appeal was within the prescribed limitation under s.417(4) of the Criminal Procedure Code, 1898.
  2. 2 Whether the word 'entertain' in s.417(4) CRPC refers to filing or hearing the application.
  3. 3 Whether the High Court rightly interfered with acquittal and convicted the appellant.

Ratio Decidendi

Section 417(4), Code of Criminal Procedure, 1898, itself prescribes a period of limitation, and it is open to the legislature to do so; 'entertain' means 'file or receive by the court'; application for leave to appeal was within time since time for obtaining certified copy is deducted; no merit for benefit under Probation of Offenders Act as age not proved below 21.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed.