In a significant relief to a woman litigant, the Himachal Pradesh High Court on Monday condoned a delay of more than 400 days in filing an appeal under the SC/ST (Prevention of Atrocities) Act. The case, Kamla Devi vs. Raj Kumar and Another, had turned into a dispute over whether a late appeal could even be entertained.
Background
The trial court had delivered its judgment on 7 March 2022, but Kamla Devi, the complainant, claimed she only became aware of it almost a year later, in February 2023. Acting promptly, she applied for certified copies of the judgment and later the witnesses’ statements. These were eventually delivered to her in April 2023.
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Her lawyer argued that the delay was not intentional but caused by circumstances beyond her control. The respondents, however, strongly objected, saying she had no excuse for remaining silent for nearly a year and that her move was nothing but an “abuse of process.”
Justice Rakesh Kainthla, after hearing both sides, noted that the proviso under Section 14A(3) of the SC/ST Act, which earlier restricted appeals to a maximum of 180 days, had already been struck down by the Allahabad High Court and later reaffirmed by other courts. The bench pointed out, “Once a statutory provision has been declared unconstitutional by a High Court, it applies across India unless overturned by the Supreme Court.”
The judge also accepted Kamla Devi’s explanation that she had not been present during the trial proceedings and genuinely remained unaware of the decision until February 2023. “Since the applicant did not know about the passing of the judgment, she could not have filed an appeal earlier,” the order recorded.
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Decision
The High Court allowed Kamla Devi’s application and condoned the 403-day delay in filing the appeal. The matter will now be registered as a criminal appeal, and the records have been called for further hearing. The respondents, represented by Advocate Divya Raj Singh, accepted notice in court.
Case Title: Kamla Devi vs. Raj Kumar & Another
Date: 8 September 2025
