- 1 - HC-KAR NC: 2025:KHC:51285 CRL.A No. 1945 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO. 1945 OF 2025 (A) BETWEEN: 1. STATE OF KARNATAKA BY SUB-INSPECTOR OF POLICE, ULLAL POLICE STATION, MANAGALURU, D.K., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560 001. …APPELLANT (BY SRI.R.RANGASWAMY, HCGP) AND: 1. NAUSHAD S/O ISMAIL, AGED ABOUT 33 YEARS, R/O DOOR NO.1-6, NADUHITHALU MANE, NEAR KINYA DARGA, ULLAL, MANAGALURU TALUK, D.K. DISTRICT-575 001. 2. SHAMIMA W/O ABDUL KHADER, AGED ABOUT 49 YEARS, RAHAMATHNAGAR, KINYA VILLAGE, Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51285 CRL.A No. 1945 of 2025 MANGLAURU CITY, MANGALURU-575 001. …RESPONDENTS CRL.A FILED U/S 378(1)(3) OF CR.P.C BY THE SPP FOR THE STATE PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO a) GRANT LEAVE TO APPEAL AGAINST THE JUDGEMENT AND ORDER DTD 13.03.2024 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) D.K., MANGALURU IN SPL.C.NO.109/2023 ACQUITTING THE ACCUSED/RESPONDENT FOR THE OFFENCE P/U/S 354 OF IPC, U/S 8 OF THE POCSO ACT, 2012. b) SET ASIDE THE JUDGEMENT AND ORDER OF ACQUITTAL DTD 13.03.2024 PASSED BY THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTSC-I (POCSO) D.K., MANGALURU IN SPL.C.NO.109/2023 ACQUITTING THE ACCUSED/RESPONDENT, FOR THE OFFENCES P/U/S 354 OF IPC, U/S 8 OF POCSO ACT, 2012. c) CONVICT AND SENTENCE THE RESPONDENT- ACCUSED FOR THE AFORESAID OFFENCES IN ACCORDANCE WITH LAW. THIS APPEAL, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT 1. This appeal is filed challenging the judgment of acquittal dated 13.03.2024 passed in Spl.C.No.109/2023. There is a delay of 456 days in filing this appeal. IA.I/2025 is filed under Section 5 of Limitation Act to condone the delay of 456 days in filing the appeal. - 3 - HC-KAR NC: 2025:KHC:51285 CRL.A No. 1945 of 2025 2. This application is supported with the affidavit of B.P. Manjunatha, Law Officer (Senior)(Criminal), In-charge Deputy Director of Prosecution (Litigation-1), in which it is stated that the Judgment and Order dated 13.03.2024 was passed in Special Case No.109/2023 by the Additional District and Sessions Judge, FTSC-I (Special court for POCSO cases), D.K., Mangaluru. The said judgment and order is under challenge in the above case before this Court. The Spl.Case.No.109/2023 was conducted by the Special Public Prosecutor of the Additional District and Sessions Judge, FTSC-I, (Special court for POCSO cases), D.K., Mangaluru had applied for certified copies of the Judgment on 30.03.2024 to the Law Officer (Senior), Mangaluru and the Law Officer (Senior) sent his opinion on 06.04.2024, to the IGP. The IGP sent his opinion on 06.04.2024 to the Director of Prosecutions and Government Litigations, which was received on 23.04.2024. The Public Prosecutor in Chief Office had given her opinion on 06.05.2024. The then Deputy - 4 - HC-KAR NC: 2025:KHC:51285 CRL.A No. 1945 of 2025 Director of Prosecution (Litigation-1) given her opinion on 08.05.2024 and Director of Prosecution (In-charge) gave his opinion and the opinion file had been sent to High Court State Public Prosecutor on 13.05.2024 for preferring the appeal. 3. Further, it is stated that as the file required to be passed through so many officers and sections in their office and Government Secretariat before passing an order to prefer an appeal against the impugned judgment and order, the delay of 456 days has been caused in preferring the appeal. The said delay is not an intentional one but for bonafide reasons. On all these grounds, it is sought for allowing this application. 4. I have examined the materials placed before me. The Additional District and Sessions Judge, FTSC-I (Special court for POCSO cases), D.K., Mangaluru passed the judgment of conviction and order on sentence dated 13.03.2024 in Spl.Case.No.109/2023. - 5 - HC-KAR NC: 2025:KHC:51285 CRL.A No. 1945 of 2025 5. The trial Court acquitted the accused for the offence under Section 8 of the Protection of Children from Sexual Offences Act. The accused is also acquitted for the offence under Section 354 of Indian Penal Code. The appellant has filed this appeal under Section 378(1)(3) of Code of Criminal Procedure. 6. The appellant has not placed any materials to substantiate the averments made in the affidavit. Accordingly, the State has failed to place sufficient cause to condone the abnormal delay of 456 days in filing this appeal. Hence, I proceed to pass the following: O R D E R IA.I/2025 is filed under Section 5 of Limitation Act, is dismissed. Consequently, the appeal is dismissed. Sd/- (G BASAVARAJA) JUDGE DHA List No.: 1 Sl No.: 31