Nitesh Kumar @ Rocky vs The State Of Jharkhand
2021 Latest Caselaw 3774 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI

                        Criminal Appeal (DB) No. 30 of 2018
     Nitesh Kumar @ Rocky                                   --- --- 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 : Mrs. Rashmi Kumar, Advocate For the Respondent : Ms. Kumari Rashmi, A.P.P.

06/04.10.2021 Heard learned counsel for the appellant and learned A.P.P. on the prayer for condonation of delay of 176 days in preferring the instant memo of appeal made through I.A. No. 5360 of 2021.

Learned counsel for the appellant submits that appellant was suffering from financial crunch. Therefore, he could not file the appeal in time. After arranging some money, he contacted his counsel, where after the appeal has been filed, which has caused some delay.

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

Having considered the submission of learned counsel for the parties and the explanation given in the instant application, delay is condoned. I.A. No. 5360 of 2021 stands disposed of.

The sole appellant stands convicted for the offences punishable under Sections 376 I.P.C and Section 5 read with Section 6 of the POCSO Act by the impugned judgment dated 09.05.2017 passed in Spl.(P) Case No. 23 of 2016 by the court of learned District & Additional Sessions Judge-I cum Spl. Judge, Dhanbad and has been sentenced to undergo R.I. for 10 years with a fine of Rs. 20,000/- and a default sentence under Section 5 r/w 6 of the POCSO Act by the impugned order of sentence dated 11.05.2017. No separate sentence has been awarded under Section 376 I.P.C. in view of Section 42 of the POCSO Act.

Admit.

Call for the lower court record in connection with Spl. (P) Case No. 23 of 2016 from the court of learned District & Additional Sessions Judge-I cum Spl. Judge, Dhanbad.

Let the name of Ms. Kumari Rashmi, learned A.P.P. appear in the cause list, henceforth in place of erstwhile counsel.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty