Ramesh Kumar Singh vs The State Of Jharkhand
2021 Latest Caselaw 3049 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                              Cr. Appeal (DB) No. 539 of 2020
           Ramesh Kumar Singh                                                Appellant
                                          Versus
           The State of Jharkhand                           ...                 Respondent

           CORAM:          Hon'ble Mr. Justice Aparesh Kumar Singh
                           Hon'ble Mrs. Justice Anubha Rawat Choudhary

                           Through Video Conferencing

           For the Appellant           : Mr. Arwind Kumar, Advocate
           For the State               : Mr. Naveen Kumar Gaunjhu, A.P.P.
                                              ---

05/23.08.2021 Heard learned counsel for the appellant, Mr. Arwind Kumar and learned A.P.P, Mr. Naveen Kumar Gaunjhu on the prayer for condonation of delay of 461 days in preferring the instant Memo of Appeal made through I.A. No. 4860 of 2020.

Learned counsel for the appellant submits that appellant's wife is a brick labourer working in Jamui and there is no Pairvikar for him to prefer this appeal. However, on return from her place of work, appellant's wife took steps and approached the learned counsel of this court for preferring the appeal, which has occasioned the delay. The delay may be condoned, otherwise appellant may suffer irreparably.

Learned A.P.P. for the State does not oppose the prayer. Having considered the grounds urged and submissions of learned counsel for the parties, delay is condoned. Accordingly, the instant I.A stands disposed of.

Sole appellant stands convicted for the offence punishable under Sections 366(A), 376(2) of I.P.C and Section 6 of POCSO Act by the impugned judgment dated 05.10.2018 passed in G.R Case No. 2756 of 2016 by the Court of learned District & Additional Sessions Judge-III-cum-Special Judge, POCSO, Hazaribagh and has been sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs. 20,000/- and a default sentence under Section 6 of the POCSO Act. He has been further sentenced to undergo Rigorous Imprisonment for 7 years with a fine of Rs. 5,000/- and a default sentence under Section 366A of I.P.C by the impugned order of sentence dated 10.10.2018.

Admit.

Call for the Lower Court Record from the Court of learned District & Additional Sessions Judge-III-cum-Special Judge, POCSO, Hazaribagh in connection with G.R Case No. 2756 of 2016.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/