Rajesh Choudhary @ Rajesh Singh ... vs The State Of Jharkhand
2021 Latest Caselaw 2373 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr. Appeal (DB) No. 95 of 2021

              Rajesh Choudhary @ Rajesh Singh Modak              ---  ---    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. Anup Kr. Agrawal, Advocate For the Respondent: Ms. Priya Shreshtha, A.P.P

---

04 / 15.07.2021 Heard learned counsel for the Appellant and learned A.P.P Ms. Priya Shreshtha on the prayer for condonation of delay of 750 days in preferring the instant Memo of Appeal made through I.A. No. 2442/2021.

2. Learned counsel for the Appellant submits that limitation period of 60 days had expired on 03.04.2018 and the appeal was filed on 23.04.2021 which occasioned 750 days of delay only for the reason that the appellant being poor, could not prefer the appeal in time. He would suffer irreparably if delay is not condoned and the appeal is not heard on merits, since he is suffering custody in connection with his conviction in Sessions Trial No. 414/2013 by the impugned judgment dated 30.01.2018 and order of sentence dated 15.02.2018 rendered by the Court of learned Additional Sessions Judge-1st-cum-Special Judge, East Singhbhum at Jamshedpur.

3. Learned A.P.P has opposed the prayer.

4. Having considered the submissions of learned counsel for the parties, delay is condoned. I.A. No. 2442/2021 stands disposed of.

5. The sole Appellant stands convicted for the offences punishable under sections 376 (2) (n) and 366 of the Indian Penal Code as well as section 6 of POCSO Act, 20212 by the impugned judgment dated 30.01.2018 rendered in Sessions Trial No. 414/2013 by the Court of learned Additional Sessions Judge- 1st-cum-Special Judge, East Singhbhum at Jamshedpur and has been sentenced to undergo R.I for ten years under section 366 of the Indian Penal Code, R.I for ten years under section 376 (2) (n) of the Indian Penal Code and R.I for ten years with a fine of Rs. 15,000/- and default sentence under section 6 of POCSO Act, by the impugned order of sentence dated 15.02.2018.

6. Admit.

7. Call for the lower court records in connection with Sessions Trial No. 414/2013 from the Court of learned Additional Sessions Judge-1st-cum-Special Judge, East Singhbhum at Jamshedpur

8. Place the matter on I.A. No. 2441/2021 seeking suspension of sentence after receipt of LCR.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/