Constitution of India – Article 21; Code of Criminal Procedure 1973 – Section 374– The right to appeal, particularly when it concerns the liberty of an individual, is a fundamental right under Article 21 of the Constitution- Right of Appeal from a judgment of conviction affecting the liberty of a person keeping in view the expansive definition of Article 21 is also a Fundamental Right- Dilip S. Dahanukar v. Kotak Mahindra Co. Ltd., (2007) 6 SCC 528 and Rajendra v. State of Rajasthan, (1982) 3 SCC 382 (2). (Para 6)
Summary: SC held: High Court’s order dismissing the appeal solely due to delay, without properly examining the reasons for the delay, therefore, warrants reconsideration- There is a necessity of examining the reasons for delay in filing an appeal since the dismissal of the appeal based on mere technicalities, without a substantive assessment of the appellant’s reasons, was erroneous.