Boltas Minz vs The State Of Jharkhand
2021 Latest Caselaw 4502 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 Cr. Appeal (DB) No. 285 of 2020

              Boltas Minz                            ---           ---   Appellant
                                              Versus
              The State of Jharkhand                 ---           ---   Respondent
                                                 ---

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

---

              For the Appellant:       Mr. Ramit Satender, Advocate
              For the Respondent:      Mr. Suraj Verma, A. P.P
                                         ---
08 / 30.11.2021      Heard learned counsel for the appellant and learned A.P.P on the prayer

for condonation of delay of 330 days in preferring the instant Memo of Appeal made through I.A. No. 672/2021.

2. Learned counsel for the appellant submits that the appellant could not prefer appeal due to poverty. Therefore, he approached the High Court Legal Services Committee for legal aid. Thereafter, appeal has been drafted and filed through legal aid counsel nominated by the High Court Legal Services Committee. Learned counsel for the appellant submits that delay is not intentional and may be condoned, otherwise, appellant would suffer irreparably.

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

4. On consideration of the grounds urged and on submission of learned counsel for the parties, delay is condoned. I.A. stands disposed of.

2. The sole appellant along with Sammer Toppo and Satish Kerketta have been convicted for the offence punishable under section 376(D) of the Indian Penal Code and sections 4 and 6 of POCSO Act by the impugned judgment dated 04.02.2019 passed in POCSO G.R. Case No. 1226/2017 by the Court of learned Additional Sessions Judge-I-cum-Special Judge, Gumla and all the convicts have been sentenced to undergo R.I for life that would mean remainder of their natural life with a fine of Rs. 50,000/- each and default sentence each, however no separate sentence has been awarded under sections 4 and 6 of POCSO Act in view of section 42 thereof, by the impugned order of sentence dated 07.02.2019.

2. Admit.

3. Call for the lower court records in connection with POCSO G.R. Case No. 1226/2017 from the Court of learned Additional Sessions Judge-I-cum- Special Judge, Gumla.

4. It is informed by the learned counsel for the appellant that co-convict Sammer Toppo and Satish Kerketta have preferred

Cr. Appeal (DB) Nos. 360/2019 and 296/2019 respectively. Office to verify, whether lower court records have been summoned in those appeals, if so, place the records of both these two criminal appeals along with this instant appeal when the matter is taken up.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/