Wajir Ansari vs The State Of Jharkhand
2021 Latest Caselaw 3663 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Cr. Appeal (D.B) No. 79 of 2021
                   Wajir Ansari                                       ....          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             : Mr. Sheo Kumar Singh, Advocate
                For the State                 : Mr. Bhola Nath Ojha, A.P.P
                                                     ---

05/28.09.2021 Heard learned counsel for the appellant, Mr. Sheo Kumar Singh and learned A.P.P Mr. Bhola Nath Ojha on the prayer for condonation of delay of 57 days in preferring the instant Memo of Appeal made through I.A. No. 2457 of 2021.

It is submitted that the appellant being poor and the only earning member of the family could not contact his lawyer within time and therefore the appeal has become barred by minor delay of 57 days, which is not deliberate. Appellant would suffer irreparably if the delay is not condoned.

Learned counsel for the State does not oppose the prayer. Having regard to the circumstances explained and the submissions of learned counsel for the parties, delay is condoned. The instant I.A. stands disposed of.

Sole appellant stands convicted for the offence punishable under Sections 376 and 315 of I.P.C and under Section 4 of POCSO Act by the impugned judgment dated 03.12.2019 passed in POCSO Case No. 17 of 2017 by learned Additional Sessions Judge-I-cum-Special Judge, Garhwa and has been sentenced to undergo Rigorous Imprisonment for 20 years with a fine of Rs. 20,000/- and default sentence under Section 4 of POCSO Act and Rigorous Imprisonment for 7 years with a fine of Rs. 10,000/- and default sentence under Section 315 of I.P.C but no separate sentence has been awarded under Section 376 of I.P.C in view of Section 42 of POCSO Act by the impugned order of sentence dated 10.12.2019.

Admit.

Call for the Lower Court Record from the Court of learned Additional Sessions Judge-I-cum-Special Judge, Garhwa in connection with POCSO Case No. 17 of 2017.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) jk/