CRLA/648/2023
2023 Latest Caselaw 3097 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                      COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
                  Signatures
                                      CRLA No. 648 of 2023
                                      Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Pankaj Purohit, J.

Mr. Shailendra Nauriyal, Advocate for the appellant.

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

3. We perused the explanation submitted by Registrar (Judicial) pursuant to our order dated 29.09.2023. The explanation is far from satisfactory.

4. We however are closing the matter by issuing warning to the concerned officer to be careful, not to repeat such mistake in future.

5. This is an appeal against conviction filed under Section 374 Cr.P.C. As per the office report, there is a delay of 28 days. An application seeking condonation of delay is filed by the appellant.

6. Learned State Counsel fairly submits that as the appellant is in jail since the date of passing impugned judgment, therefore, he do not propose to file any objection to the delay condonation application.

7. For the reasons indicated in the application, we condone the delay of 28 days. Accordingly, the delay condonation application is allowed.

8. The impugned judgment has been passed by learned Special Sessions Judge, Chamoli on 19.06.2023 in Special Sessions Trial No. 19 of 2019, whereby, the appellant has been convicted for offence punishable under Section 376 IPC and 5/6 of POCSO Act and sentenced to 20 years with fine of Rs. 20,000/-.

9. Admit.

10. Summon the LCR.

11. List this matter on 02.01.2024.

12. In the meantime, objection to the bail application may be filed.

(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 12.10.2023 Ujjwal