The Delhi High Court has refused to condone a delay of 1945 days in filing a criminal appeal seeking enhancement of conviction and sentence in the Unnao case, holding that the appellant failed to demonstrate “sufficient cause” under Section 5 of the Limitation Act.
A Division Bench of Justices Navin Chawla and Ravinder Dudeja dismissed the application for condonation of delay and consequently rejected the appeal as barred by limitation.
The appeal had been filed by the daughter of the deceased victim, seeking alteration of conviction to graver offences under Sections 302 and 364A IPC and enhancement of sentence awarded by the trial court.
The Court noted that even after factoring in the extension of limitation granted during the COVID-19 period, the appeal ought to have been filed by May 29, 2022, but was instead instituted in September 2025, resulting in an inordinate delay.
Rejecting the explanation offered, the Court held that the grounds cited including trauma, financial constraints, threats, and involvement in other proceedings were vague and unsupported by material evidence. It further observed that the appellant had actively participated in related proceedings and was fully aware of the impugned judgment, indicating a lack of due diligence.
Emphasising that condonation of delay is a discretionary relief, the Court held that a liberal approach cannot be extended to condone gross and unexplained delays, particularly where it would prejudice the rights of the accused and undermine the finality of proceedings.
Holding that the appellant had failed to establish any sufficient cause, the Court dismissed the application and consequently the appeal as barred by limitation.
Appearances:
For the Appellant: Mr. Mehmood Pracha, Mr. Jatin Bhatt, Mr. Sanawar, Ms. Nujhat, Mr. Sikander, Mr. Kshitij Singh and Mr. Chiraj Verma, Advs.
For the Respondents: Ms. Anubha Bhardwaj, SPP with Mr. Anurag Modi,
Ms. Ananya Shamshery, Ms. Riddhi Grover, Mr. Mayank Bawa, Advs. Mr. Anurag Modi,
Adv. and Mr. Arijit Sinha, IO for R-1/ CBI
Mr. Rajiv Mohan, Mr. Swapnil Krishna, Mr. Nishant Madan, Mr. Chandveer Shyoran, Mr. Sachit Sharma, Mr. Hemant Goyal and Mr. Abhishek Sharma Adv. for R-2 & 7.
Mr. Akhand Pratap Singh, Ms. Samridhi Dobhal, Ms. Krishna Mohan Chandel, Advs. Mr. Hritwik Maurya, Mr. Apporv Paliya, Mr. Utkarsh Singh and Ms. Lisa Pegwal, Advs. for R-3.
Mr. Kanhaiya Singhal, Mr. Naval Goel, Mr. Prasanna, Mr. Ajay Kumar and Ms. Vani Singhal, Advs. for R-4.
Mr. S.P.M Tripathi, Ms. Aishwarya Senger, Mr. Rahul Poonia and Mr. Gaurav
Chaudhary, Advocates for R-5.
Mr. Hemant Shah, Mr. Saurabh Pal, Mr. Saurabh Rajput, Mr. Ojas Kaushik and Mr. Akshay Rana, Advs. for R-6.
Mr. Pramod Kumar Dubey, Sr. Adv. with Mr. SPM Tripathi, Mr. Gaurav Mani Tripathi, Mr. Satyam Sharma, Mr. Ramachandruni B. Siddhartha, Mr. Yash saxena, Mr. Samarth Kasana, Advs. for R-8.
