Bombay High Court
Farukh Mukthar Shaikh vs State Of Maharashtra And Anr on 11 August, 2022
Bench: S. V. Kotwal
1 of 3 08-IA-2489-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2489 OF 2022
IN
CRIMINAL APPEAL (ST) NO. 12438 of 2022
Farukh Mukthar Shaikh ..Applicant
Versus
The State of Maharashtra & Anr. ..Respondents
__________
Mr. Kartik S. Garg for Appellant.
Smt. M. R. Tidke, APP for State/Respondent No.1.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 11th AUGUST 2022
PC :
1. The applicant is convicted for commission of offence
punishable U/s.6 of the Protection of Children from Sexual
Offences Act (for short 'POCSO') and was sentenced to suffer R.I.
for 14 years and to pay a fine of Rs.15,000/- and in default to
suffer R.I. for six months. He was also convicted for commission of
offence punishable U/s.328 of IPC and was sentenced to suffer R.I.
for 5 years and to pay a fine of Rs.1000/- and in default to suffer
R.I. for one month. He was convicted for commission of offence
Digitally
punishable U/s.10 of POCSO and was sentenced to suffer R.I. for 5
signed by
VINOD
VINOD BHASKAR
BHASKAR GOKHALE
GOKHALE Date:
2022.08.12
11:32:59
+0530
Gokhale
2 of 3 08-IA-2489-22
years and to pay a fine of Rs.5000/- and in default to suffer R.I. for
3 months. He was also convicted for commission of offence
punishable U/s.376 and 376(f)(i) and (n) of IPC and U/s.4 of
POCSO, but in view of sentence given U/s.6 of POCSO no separate
sentence was awarded under these sections. All the sentences were
directed to run concurrently. Out of the fine amount, Rs.15,000/-
were directed to be paid to the victim as compensation. The
applicant was granted set of U/s.428 of Cr.p.c. for the period of
detention undergone by him as an undertrial.
2. This is an application for condonation of delay of 3 years
and 47 days in preferring Criminal Appeal. It is submitted by
learned counsel for the applicant who is appointed through legal
aid panel and it is also mentioned in the application memo that the
impugned Judgment was passed on 01/04/2019. The applicant
was in custody since 18/04/2017. There was no relative or near
friend of the applicant to help and assist him. He is financially
poor and does not have money to appoint an Advocate to file
Appeal. Therefore, he had approached the Legal Services
Committee of this court for appointment of an advocate to
3 of 3 08-IA-2489-22
represent him. After his request, the Legal Services Committee of
this Court took steps to file this appeal. Therefore, there was delay
of 3 years and 47 days in filing Criminal Appeal against the
Judgment and order dated 01/04/2019 passed by Special Judge
under POCSO Act, Greater Bombay.
3. Considering these submissions, sufficient grounds are
made out to condone the delay.
4. Hence, the following order:
ORDER
i) The delay of 3 years and 47 days in filing
Criminal Appeal against the Judgment and order
dated 01/04/2019 passed by Special Judge
under POCSO Act, Greater Mumbai in POCSO
Special Case No.289 of 2017 is condoned.
ii) The Criminal Appeal be processed further.
(SARANG V. KOTWAL, J.)
