Citation : 2023 Latest Caselaw 624 Tri
Judgement Date : 10 August, 2023
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
I.A. No.01 of 2023 in Crl. A(J) No.35 of 2023
Angyajai Mog
...... Applicant/Appellant(s)
VERSUS
The State of Tripura
...... Respondent(s)
For Applicant/Appellant(s) : Mr. Samar Das, Legal Aid Counsel. For Respondent(s) : Mr. Samrat Ghosh, Addl. P.P.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH
_O_R_D_E_R_
10/08/2023
I.A. No.01 of 2023
This appeal is directed against the Judgment dated 28.09.2022 and
order of sentence dated 29.09.2022 passed by the Special Judge (POCSO),
Dhalai Judicial District, Ambassa in case No. Special (POCSO) 10 of 2019
whereby the applicant-appellant has been convicted for the offence punishable
under Section 6 of the POCSO Act, 2012 and sentenced to undergo RI for life
with a fine of Rs.20,000/- and a default sentence.
The appeal suffers from a delay of 253 days for condonation of
which, I.A. No.01 of 2023 has been filed.
Learned counsel for the applicant-appellant submits that the
applicant was facing financial crisis and was not aware about the facility of
legal aid. However, after some delay and on his approaching, legal aid has been
provided to him. The instant appeal has been filed by the learned legal aid
counsel nominated by the High Court Legal Services Committee. The delay
may be condoned in the interest of justice as the applicant-appellant has good
grounds to succeed.
Mr. Samrat Ghosh, learned Additional Public Prosecutor does not
oppose the prayer.
Having regard to the explanation urged and the submissions of the
parties, delay is condoned.
I.A. No.01 of 2023 is disposed of.
Crl. A(J) No.35 of 2023 Admit.
Call for Lower Court records in connection with case No. Special
(POCSO) 10 of 2019 from the Court of learned Special Judge (POCSO), Dhalai
Judicial District, Ambassa.
Office to prepare Paper Book upon receipt of the LCRs.
List the matter for hearing in usual course.
(ARINDAM LODH), J (APARESH KUMAR SINGH), CJ
RUDRADEEP Digitally signed by RUDRADEEP
Rudradeep BANERJEE BANERJEE Date: 2023.08.11 12:37:50 +05'30'
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