The Republic v. Justin Mwezi, Misc. Crim. Cas. 29-D-71; 15/11/71, Onyiuke, J.

 

The Republic v. Justin Mwezi, Misc. Crim. Cas. 29-D-71; 15/11/71, Onyiuke, J.

The D. P. P. made an application under s. 335 (b) (ii) of the Crim. P. C. for extent ion of time within which to give notice of appeal. The accused respondent was charged with robbery c/s 285 of the Penal Code. Judgment was given on the 2^nd June 1971 acquitting him of the offence. By letter dated 10^th June 1971 the Police Prosecutor applied for a copy of the judgment. This was forwarded to him on the 23^rd July 1971. The matter was not however brought to the attention of the DPP until the 21^st September 1971. The present application was filed by the DPP on the 16^th October, 1971. Section 335 of the Criminal Procedure Code gives the DPP 30 days within which to give notice of extension to appeal against an acquittal order. “The learned State attorney stated that it was very difficult for cases in every District Court to be brought to the attention of the DPP in time to enable him give the requisite notice within the prescribed time. I am not persuaded by this contention. It appears to me that it is to enable the DPP to take appropriate action that 30 days was allowed him under section 335 of the Criminal Procedure Code as against only 10 days that is allowed to an ordinary citizen under section 314 (a) of the Criminal Procedure Code to give notice of appeal against conviction or

sentence. I do not therefore consider this ground as sufficient by itself to constitute good cause.” (2) “An accused person who has been acquitted in a criminal charge should not be left in indefinite suspense or uncertainty as to his fate. He is entitled to regard the matter as closed at the expiration 30 days after his acquittal if no notice of appeal was given within that period.” (3) Application dismissed.