1989 (3) TMI 266

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..... t filed in support of the petition by the brother of the accused and we do not find any convincing explanation for this long period which has elapsed. The petitioner would only say that he was not aware whether an appeal has been preferred by his brother or not and that upon perusing the High Court records he came to know that no appeal was preferred by his brother. Such an explanation cannot be a .....

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..... ight can be said to vest in the State to have the conviction of an innocent person upheld. If, on the other hand, the State itself is negligent in the presentation of an appeal against acquittal, a very clear right comes to vest in the accused person and he is entitled to claim that save in exceptional circumstances delay in filing the appeal should not be condoned. We are unable to agree with .....

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..... preferring appeal by the State against an order of acquittal differently, not because of any right involved, but for the sole reason that the prosecution is well equipped to present the appeal within the stipulated time whereas a private individual, especially an accused who is in prison, is not on par with the Public Prosecutor. 3. It is further to be observed that now there is a well organise .....

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