CRLA/707/2023
2023 Latest Caselaw 3054 UK

Citation : 2023 Latest Caselaw 3054 UK
Judgement Date : 10 October, 2023

Uttarakhand High Court

CRLA/707/2023 on 10 October, 2023

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CRLA No. 707 of 2023
                                  Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Siddhartha Bankoti, Advocate for the appellant.

2. Mr. Rakesh Joshi, Brief Holder for the State.

3. This is an appeal against conviction filed under Section 374 Cr.P.C. filed through legal-aid-counsel appointed by High Court Legal Services Committee.

4. By the impugned judgment and order, the appellant has been convicted for the offences punishable under Sections 363, 366, 376(3) IPC and Section 5/6 of POCSO Act. Under Section 363 IPC, appellant is sentenced three years' rigorous imprisonment alongwith a fine of Rs. 3000/- and in default of payment of fine, shall undergo one month's additional rigorous imprisonment, under Section 366 IPC, sentenced to five years rigorous imprisonment alongwith a fine of Rs. 5,000/- and in default of payment of fine, shall undergo three months additional rigorous imprisonment and under Section 373(3) IPC, sentenced to twenty years rigorous imprisonment with a fine of Rs. 50,000/ and in default of payment of fine, shall undergo additional rigorous imprisonment for a period of one year.

5. As per the office report, there is a delay of 89 days. An application seeking condonation of delay has been filed with an application seeking exemption from requirement of filing an affidavit. For the reasons indicated in the Exemption Application No. 3 of 2023, the same is allowed.

6. Learned State Counsel submits that he does not proposes to file any objection to the delay condonation application and he submits that since the appellant is languishing in jail, therefore, the delay may be condoned. For the reasoned indicated in the delay condonation application, we condone the delay. Accordingly, the Delay Condonation Application No. 1 of 2023 is allowed.

7. Admit.

8. Summon the LCR.

9. List on 28.12.2023.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 10.10.2023 Ujjwal