Kishan Lal Das @ Krishna Lal Das vs The State Of Jharkhand
2021 Latest Caselaw 3823 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      Cr. Appeal (DB) No. 133 of 2021

               Kishan Lal Das @ Krishna Lal Das        ---            ---    Appellant
                                                 Versus
               The State of Jharkhand                  ---            ---   Respondent
                                                   ---

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

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For the Appellant: Mr. Suraj Kishore Prasad, Advocate For the Respondent: Mr. Vineet Kr. Vashishtha, A.P.P

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04 / 06.10.2021 Heard learned counsel for the appellant and learned A.P.P on the prayer for condonation of delay of 415 days in preferring the instant Memo of Appeal made through I.A. 3762/2021.

2. Learned counsel for the appellant submits that the appellant could not arrange enough money to prefer this appeal within time. However, after much efforts and arrangement of required funds, learned counsel of this court was contacted and thereafter appeal has been preferred. Delay is not intentional and it may be condoned, otherwise appellant may suffer irreparably.

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

4. Having considered the submissions of learned counsel for the parties and the explanation urged, delay is condoned. I.A. No. 3762/2021 stands disposed of.

5. The sole appellant stands convicted for the offence punishable under sections 376 (2) (i) of the Indian Penal Code and sections 4, 8 and 12 of POCSO Act by the impugned judgment dated 22.11.2018 passed in GR (POCSO) Case No. 120/2018 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 with a fine of Rs. 10,000/- and default sentence under section 376(2) (i) of the Indian Penal Code by the impugned order of sentence dated 26.11.2018. However, no separate sentence has been awarded under sections 4, 8 and 12 of POCSO Act, in view of section 42 of POCSO Act.

6. Admit.

7. Call for the lower court records in connection with GR (POCSO) Case No. 120/2018 from the Court of learned Additional Sessions Judge-1st - cum-Special Judge, East Singhbhum at Jamshedpur.

8. The prayer for suspension of sentence made through I.A. No. 3300/2021 shall be considered after receipt of the lower court records.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/