Rahul Parshottam Aadiwashi (Sor) vs The State, Ut Of Dadra And Nagar Haveli ...
2024 Latest Caselaw 22812 Bom

Bombay High Court

Rahul Parshottam Aadiwashi (Sor) vs The State, Ut Of Dadra And Nagar Haveli ... on 6 August, 2024

Author: Sarang V. Kotwal

Bench: Sarang V. Kotwal

 2024:BHC-AS:31285



                        Gokhale                              1 of 2                             18-ia-2885-24


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 2885 OF 2024
                                                       IN
                                      CRIMINAL APPEAL (ST) NO.14480 OF 2024

                      Rahul Parshottam Aadiwashi (SOR)                                 ..Applicant.
                           Versus
                      The State, UT of Dadra and Nagar Haveli
                      and Daman and Diu & Anr.                                         ..Respondents

                                                  __________
                      Mr. Vaibhav R. Gaikwad (appointed Advocate) for Applicant.
                      Ms. Sangita D. Shinde, APP for State/Respondent.
                      Ms. Amisha Salvi h/f. H. S. Venegavkar for Respondent No.1.
                                                  __________

                                                    CORAM : SARANG V. KOTWAL, J.

DATE : 6 AUGUST 2024 PC :

1. The applicant was convicted by the Special Judge, under

the POCSO Act, at Daman, vide his Judgment dated 31.05.2023 in

Special Case No.2 of 2020, under Section 376(2)(f)(n) of the I.P.C.

and he was sentenced to suffer R.I. for 15 years and to pay a fine

of Rs.10000/- and in default to suffer S.I. for six months.

2. Learned counsel for the Applicant submitted that the

applicant was not aware of the procedure to file the Appeal

challenging his conviction and sentence. The present Appeal is Digitally signed by VINOD VINOD BHASKAR BHASKAR GOKHALE GOKHALE Date:

2024.08.07 10:32:37 +0530

2 of 2 18-ia-2885-24

filed through a legal aid counsel. The applicant took some time to

make that request through the Superintendent of the Prison and,

therefore, there was a delay of 341 days in filing the Appeal.

3. Learned counsel for the Respondent No.1 opposed

condonation of delay on the ground that ignorance of law is not an

excuse.

4. Considering these submissions, in the interest of justice

and taking into account the fact that the applicant had no means

to approach a private advocate and had to file this appeal through

the Legal Services Authority of this Court, the delay of 341 days in

preferring the Appeal is condoned. The Appeal be processed

further.

5. The application is disposed of.

(SARANG V. KOTWAL, J.)