Sushant Nayak vs The State Of Jharkhand
2021 Latest Caselaw 2880 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. Appeal (DB) No. 431 of 2020

        Sushant Nayak                                         ---    ---    Appellant
                                            Versus
        The State of Jharkhand                          ---          ---   Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through: Video Conferencing

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                For the Appellant        : Mr. Samavesh Bhanj Deo, Advocate
                For the State            : Mr. Bhola Nath Ojha, A.P.P.
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06/12.08.2021         Heard learned counsel for the parties on the prayer for

condonation of delay of 217 days in preferring the instant memo of appeal made through I.A. No.1761 of 2021.

Appellant being poor could not prefer appeal in time and the appeal has been filed through the learned panel lawyer of Jharkhand High Court Legal Services Committee after obtaining the relevant documents. Learned counsel for the appellant submits that the delay may be condoned, otherwise appellant would suffer irreparably.

Learned A.P.P. does not oppose the prayer.

Having considered the submissions of learned counsel for the parties and the explanation urged, delay is condoned. I.A. No.1761 of 2021 stands allowed.

Sole appellant stands convicted for the offence punishable under Sections 366, 376(3), 323, 506 of the I.P.C. and Section 6 of the POCSO Act, 2012 vide impugned judgment of conviction dated 13.09.2019 passed in Spl. (POCSO) Case No.15/2019 by the learned court of Additional Sessions Judge-II, West Singhbhum, Chaibasa and has been sentenced to undergo RI for 22 years with a fine of Rs.20,000/- and a default sentence under Section 376(3) of the I.P.C., further sentenced to undergo R.I. for 10 years with a fine of Rs.10,000/- and a default sentence under Section 366 of the I.P.C., further sentenced to undergo RI for 6 months under Section 323 of the I.P.C. and R.I. for one year under Section 506 of the I.P.C., however no separate sentence has been awarded under Section 6 of the POCSO Act in view of Section 42 of the POCSO Act, vide impugned order of sentence dated 17.09.2019.

Admit.

Call for the lower court records from the court of learned Additional Sessions Judge-II, West Singhbhum, Chaibasa in connection with Spl. (POCSO) Case No.15/2019.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Shamim/