Vikas Kumar Das vs The State Of Jharkhand
2021 Latest Caselaw 2542 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Appeal (DB) No. 403 of 2020
              Vikas Kumar Das                                                   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. Abhijeet Kumar Singh, Advocate
            For the State            : Mr. Ravi Prakash, A.P.P.
                                            ---

05/26.07.2021 Heard learned counsel for the parties on the prayer for condonation of delay of 219 days in preferring the instant memo of appeal made through I.A. No. 3768 of 2020.

Learned counsel for the appellant submits that appellant being poor, he could not engage the counsel to prefer an appeal against his conviction and therefore approached the High Court Legal Services Committee. Appeal has been filed after obtaining the copy of the impugned judgment and other Lower Court Records, which has occasioned some delay. Delay is not intentional. Therefore, it may be condoned.

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

Sole appellant stands convicted for the offence punishable under Sections 376(2) of I.P.C and Section 6 of POCSO Act by the impugned judgment dated 5th September, 2019 in connection with Special POCSO Case No. 29 of 2019 passed by learned Additional Sessions Judge-1st-cum- Special Judge-cum-FTC, Bokaro and has been sentenced to undergo Rigorous Imprisonment for 14 years with a fine of Rs. 20,000/- and a default sentence under Section 376(2) of I.P.C. No separate sentence has been awarded under Section 6 of POCSO Act by the impugned order of sentence dated 6th September, 2019.

Admit.

Call for the Lower Court Record from the Court of learned Additional Sessions Judge-1st-cum- Special Judge-cum-FTC, Bokaro in connection with Special POCSO Case No. 29 of 2019.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Jk/