Tripura High Court
None vs Mr. S. Ghosh on 29 November, 2023
HIGH COURT OF TRIPURA
AGARTALA
I.A. No.02 of 2023
in Crl.A.(J) No.60 of 2023
For Petitioner : None
For Respondent(s) : Mr. S. Ghosh, Addl. PP
HON'BLE MR. JUSTICE S.D PURKAYASTHA
Order
29.11.2023
Learned legal aid counsel for the appellant-petitioner is not present.
Heard Mr. S. Ghosh, learned Addl. PP appearing for the state.
This is a petition under Section 5 of the Limitation Act for condoning the
delay of 564 days in preferring the instant appeal against the judgment and
sentence dated 10.02.2020 passed by the learned Special Judge (POSCO),
Sepahijala District, Bishalgarh in Special (POSCO) 09 of 2016.
As averred in the petition that after the judgment and sentence were
pronounced on 10.02.2020 due to prevailing situation of pandemic Covid-19
vis-à-vis lockdown persisting at that time, it was very difficult for the learned
legal aid counsel to contact with Kendriya Sansodhanagar authority. Ultimately,
he was informed by the jail authority on 08.07.2020 that the relevant
documents of the trial were not available with the appellant-petitioner.
Thereafter, the jail authority took the matter to the District Secretary, District
Legal Services Authority, Sepahijala for sending the relevant documents. It is
also asserted that even after lifting of lockdown, learned legal aid counsel could
not pursue the matter for his preoccupation and only on 18.08.2023 he could
find that the matter is pending. Immediately on the same day, he requested
the Secretary, High Court Legal Services authority to provide the certified
copies of the judgment and the deposition sheets of witnesses which he got on
04.10.2023 and thereafter, the appeal was filed and in this way, the delay for a
period of 564 days was occurred.
Mr. Ghosh, learned Addl. PP fairly submits that the appellant is in custody
and he has been sentenced to suffer RI for 5[five] years under Section 10 of
the Prevention of Children from Sexual Offences (POCSO) Act and to pay fine
of Rs.5,000/- and in default of payment of fine, to suffer further imprisonment
for 3[three] months. He was also ordered to suffer similar sentence under
Section 354 of the Indian Penal Code (IPC) and additionally, he was directed to
suffer imprisonment for 1(one) year and to pay fine of Rs.500/- under Section
342 of the IPC and in default of payment of fine, to suffer further imprisonment
for 15 days.
According to Mr. Ghosh, learned Addl. PP, the appellant-petitioner was
already ordered to suffer a substantive quantum of sentence and he is already
in jail and therefore, for fair ends of justice, the petition for condonation may
be allowed and the appeal may be heard on merit. 0
Considered the submission.
Perused the records.
This court is convinced that matter is required to be heard on merit.
Therefore, the delay of 564 days in preferring the appeal is hereby condoned.
Accordingly, this interlocutory application is allowed and disposed of.
JUDGE
SATABDI DUTTA DUTTA
Date: 2023.11.30 10:29:32 +05'30'
Sujay
