Indrajit Jaiswal vs The State Of Jharkhand
2021 Latest Caselaw 3415 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        Cr. Appeal (DB) No. 412 of 2020
     Indrajit Jaiswal                                 --- --- 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 : Ms. Chanadana Kumari, Advocate For the Respondent : Mr. Bhola Nath Ojha, A.P.P. For the Victim : M/s B.M. Tripathy, Sr. Adv., Naveen Kr. Jaiswal, Adv.

07/14.09.2021 Heard learned counsel for the appellant, respondent State and the informant on the prayer for condonation of delay of 67 days in preferring the instant memo of appeal made through I.A. 4767 of 2021.

Learned counsel for the appellant submits that due to Covid-19 pandemic and lockdown, appeal could not be filed within the period of limitation. She has referred to the order passed in Suo Mottu Writ Petition (Civil) No. 03 of 2020 dated 23.03.2020 by the Hon'ble Supreme Court in support of her submission that the Hon'ble Supreme Court has observed that the period of limitation in all such proceedings are condonable or shall stand extended w.e.f. 15.03.2020 till further orders are passed. She submits that appellant would suffer irreparably, if the delay is not condoned.

Learned counsel for the State and Informant do not oppose the prayer.

Having regard to the submissions made and the grounds urged, delay is condoned. I.A. No. 4767 of 2021 stands disposed of.

The sole appellant stands convicted for the offence punishable under Section 376(2) (n), 506, 509 of the I.P.C.; Section 4 & 6 of the POCSO Act and u/s 66(E) and 67(A) of the Information Technology Act, 2000 by the impugned judgment dated 7.02.2020 passed in POCSO Case No 57 of 2018 by the court of Additional Judicial Commissioner- IV cum Special Judge (POCSO), Ranchi and has been sentenced in the following manner by the order of sentence dated 13.02.2020:

1. R.I. for life with a fine of Rs.50,000/- and a default sentence u/s 376(2) (n) of I.P.C

2. S.I. for 2 years u/s 506 I.P.C.

3. S.I. for 3 years and a fine or Rs. 5000/- with a default sentence

u/s 509 IPC.

4. R.I. for life and a fine of Rs. 50,000/- and a default sentence u/s 4 of POCSO Act.

5. R.I. for life and a fine of Rs. 50,000/- and a default sentence u/s 6 of POCSO Act.

6. R.I. for 3 years and a fine of Rs.25,000/- and a default sentence u/s 66(E) of I.T. Act.

7. R.I. for 3 years and a fine of Rs.25,000/- and a default sentence u/s 67 (A) of I.T. Act.

All the sentences were directed to run concurrently. Admit.

Call for the lower court record in connection with POCSO Case No 57 of 2018 from the court of Additional Judicial Commissioner-IV cum Special Judge (POCSO), Ranchi.

(Aparesh Kumar Singh, J.)

(Anubha Rawat Choudhary, J.) A.Mohanty