Gujarat High Court
State Of Gujarat vs Rakeshkumar Shashikant Mahadik on 30 July, 2021
Bench: Sonia Gokani, Rajendra M. Sareen
R/CR.MA/6073/2021 ORDER DATED: 30/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 6073 of 2021
In R/CRIMINAL APPEAL NO. 471 of 2021
With
R/CRIMINAL APPEAL NO. 471 of 2021
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STATE OF GUJARAT
Versus
RAKESHKUMAR SHASHIKANT MAHADIK
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Appearance:
MS JIRGA JHAVERI, ADDL.PUBLIC PROSECUTOR(2) for the Applicant(s)
No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 30/07/2021
ORAL ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. Present application is preferred for condoning the
delay of 05 days occurred in preferring the appeal.
2. We had passed the following order on 15.07.2021.
"1. This is an application under Section 5 of the
Limitation Act for condonation of delay of 05 days in
preferring the application for leave to appeal
questioning and challenging the judgment and
order delivered on 07.01.2020 by the learned Special
(POCSO) Judge in Special POCSO Case No.218 of
2017, for the offences punishable under Sections 363,
366 and 376 of the Indian Penal Code and Section 3
and 4 of the Protection of Children from Sexual
R/CR.MA/6073/2021 ORDER DATED: 30/07/2021
Offences (POCSO) Act, 2012.
2. We have heard the learned APP, Ms.Jirga Jhaveri,
who has urged that the last date of preferring an
appeal was 09.03.2020 and the appeal came to be
filed on 08.10.2020, the exemption which had been
granted in view of the unprecedented pandemic
would make the delay of only 05 days. She has
urged this Court that the punishment awarded is of
07 years, which ought to have been not less then 10
years and there is a gross mistake, more
particularly, noticing the amendment of the year
2013 in Indian Penal Code and for disregarding
Section 42 of the POCSO Act, so also the judgment of
this Court rendered in case of State Of Gujarat vs
Ashokbhai S/O. Mavjibhair where the reference is
also made of the decision of the Apex Court in case
of Independent Thought vs. Union of India, reported
in (2017) 10 SCC 800.
3. RULE, returnable on 30.07.2021. The service of
notice of Rule be effected through the Jail
Superintendent, Sabarmati Central Jail.
4. We, at this juncture, deem it appropriate to draw
the attention of the Director, Gujarat Judicial
Academy to bring to the notice of all Special Judge
(POCSO) these provisions as well as both these
decisions for having noticed the awarding of the
punishment of 07 years in more than one appeal.
5. Copy of this order be sent by the Court Master to
the Director, Gujarat State Judicial Academy for
necessary follow up."
3. Though a copy has been duly served, none appears.
Delay being minuscule and sufficiently explained, we
R/CR.MA/6073/2021 ORDER DATED: 30/07/2021
are condoning the same. We direct the High Court
Legal Aid Committee to appoint an empanelled
advocate to represent the opponent herein.
4. Hearing of Criminal Appeal No. 471 of 2021 shall take
place on 11.08.2021.
5. Application stands disposed of accordingly. Rule is
made absolute accordingly.
(MS. SONIA GOKANI, J. )
(RAJENDRA M. SAREEN,J)
SUDHIR
