Citation : 2021 Latest Caselaw 3911 Jhar
Judgement Date : 20 October, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 465 of 2020
Biru Lohra --- --- Appellant
Versus
The State of Jharkhand --- --- Respondent
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary
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For the Appellant : Mr. Arvind Kumar Sinha, Advocate For the Respondent : Mr. Sanjay Kr. Srivastava, A.P.P.
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08/20.10.2021 Heard learned counsel for the parties on the prayer for condonation of delay of 86 days in preferring the instant memo of appeal made through I.A. No.4070/2020.
Learned counsel for the appellant submits that the delay was not intentional and in the meantime lockdown was announced due to COVID-19. Appellant would suffer irreparably, if the delay is not condoned.
Learned counsel for the respondent does not oppose the prayer.
However, having considered the grounds urged and the submissions of learned counsel for the parties, delay is condoned. I.A. No.4070/2020 stands disposed of.
Sole appellant stands convicted for the offence punishable under Sections 366A, 376(2)(n) of the I.P.C. and Sections 4 and 6 of the POCSO Act vide impugned judgment of conviction dated 10th February 2020 passed in POCSO Case No. 89 of 2018 by the learned court of Additional Judicial Commissioner-IV cum Special Judge (POCSO), Ranchi and has been sentenced to undergo R.I. for three years with a fine of Rs.5,000/- and a default sentence for the offence under Section 366(A) of the I.P.C.; further sentenced to undergo R.I. for 14 years with a fine of Rs.10,000/- and a default sentence for the offence under Section 376 of the I.P.C. and further sentenced to undergo R.I. for 20 years with a fine of Rs.10,000/- and a default sentence for each the offences under Sections 4 and 6 of the POCSO Act vide impugned order of sentence dated 12.02.2020. All the sentences have been ordered to run concurrently.
Admit.
Call for the lower court records from the learned court of Additional Judicial Commissioner-IV cum Special Judge (POCSO), Ranchi in connection with POCSO Case No. 89 of 2018.
(Aparesh Kumar Singh, J)
(Anubha Rawat Choudhary, J) Shamim/
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