Sri Uttam Saha vs The State Of Tripura
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Tripura High Court

Sri Uttam Saha vs The State Of Tripura on 6 January, 2025

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                        HIGH COURT OF TRIPURA
                              AGARTALA

                             IA No. 01 of 2024
                        in Crl. A(J) No. 70 of 2024

Sri Uttam Saha

                                                         .......Applicant(s)
                                     Vs.
The State of Tripura
                                                        ......Respondent(s)

For Applicant (s) : Mr. P Majumder, Adv.

For Respondent(s)              :     Mr. R Datta, PP.
                                     Mr. R Saha, Adv.

HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

Order 06.01.2025

Heard Mr. P Majumder, learned counsel appearing for the

applicant as well as Mr. R Datta, learned PP and Mr. R Saha, learned

counsel appearing for the respondent.

The appeal has been preferred against the judgment dated

12.12.2023 passed by learned Special Judge, Pocso, Gomati, whereby the

applicant Uttam Saha was convicted under Section 354 IPC and Section 8

of Pocso Act and was sentenced to suffer rigorous imprisonment for three

years and to pay a fine of Rs.2000/- under Section 8 of Pocso Act. Learned

Special Judge did not pass any separate sentence under Section 354 IPC.

Learned counsel Mr. Majumder, submits that the applicant is in

jail for about two years and the appeal has been preferred through The

State Legal Services Authority. Mr. Majumder, learned counsel also

submits that the applicant being a rustic villager was totally ignorant about

his right to prefer appeal against judgment of conviction and sentence.

However, after he became aware of the Legal Aid Scheme to

prefer appeal, he approached the competent authority and in processing

the whole matter, the delay of 303 days have occurred.

In such a situation, learned PP did not oppose the prayer,

rather he urges for hearing of the appeal on merit as the applicant is in jail

for a considerable period.

Considered the submission.

Court is satisfied.

The delay is hereby condoned.

IA is accordingly disposed of.

JUDGE

SATABDI DUTTA Digitally signed by SATABDI DUTTA Date: 2025.01.07 14:46:58 +05'30'

Satabdi