Sri Ranjit Debroy @ Dundu vs The State Of Tripura
2023 Latest Caselaw 838 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA

                IA No.1 of 2023 in Crl. A.(J) No.45 of 2023
                                   and
                         Crl.A.(J) No.45 of 2023

Sri Ranjit Debroy @ Dundu
                                               .........Applicant/Appellant(s)
                                   Versus
The State of Tripura
                                               ..................Respondent(s).

For Petitioner(s) : Ms. Sarama Deb, Legal Aid Counsel. For Respondent(s) : Mr. Sumit Debnath, Addl. Public Prosecutor. HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order 05/10/2023

IA No. 1 of 2023 in Crl. A.(J) No.45 of 2023

Heard Ms. Sarama Deb, learned Legal Aid Counsel, for the

applicant-appellant nominated by the High Court Legal Services Committee

and Mr. Sumit Debnath, learned Additional Public Prosecutor, for the

respondent on the prayer for condonation of delay of 67 days in preferring the

instant memo of appeal.

Ms. Sarama Deb, learned Legal Aid Counsel for the applicant-

appellant submits that the applicant-appellant being poor did not prefer the

appeal earlier; thereafter, he has been provided legal aid. The applicant-

appellant has been convicted for the offence under Sections 448 & 354 of IPC

and also under Section 8 of the POCSO Act by the Judgment dated 24.05.2023,

passed by Court of the Special Judge (POCSO), North Tripura, Dhamanagar in

Case No. Special(POCSO) 46 of 2019. The applicant-appellant has been

sentenced to suffer RI for 1(one) year along with fine of Rs.500/- under

Section 448 of the IPC and in default of payment of fine to suffer

imprisonment for a further period of 1(one) month. He has also been sentenced

to suffer RI for 5(five) years along with fine of Rs.500/- under Section 354 of

the IPC and in default of payment of fine to suffer imprisonment for a further

period of one month; he further sentenced to suffer RI for 5(five) years along

with fine of Rs.500/- under Section 8 of the Protection of Children from Sexual

Offences Act and in default of payment of fine to suffer imprisonment for a

further period of one month. As such, he has good grounds to succeed in the

appeal. Therefore, the delay may be condoned.

Mr. Sumit Debnath, learned Additional Public Prosecutor for the

respondent does not oppose the prayer.

On being satisfied with the grounds and explanation urged and on

consideration of the rival submissions of the parties, delay is condoned.

Accordingly, IA No.1 of 2023 is disposed of.

Crl.A.(J) No.45 of 2023

Admit.

Call for the lower court records from the concerned court.

Office to prepare Paper Book.

Matter be listed for hearing in usual course.

(APARESH KUMAR SINGH), CJ

Munna S MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2023.10.07 13:29:21 +05'30'