CRLA/721/2023
2023 Latest Caselaw 3166 UK

               Office Notes, reports,
               orders or proceedings
SL.
       Date      or directions and                       COURT'S OR JUDGES'S ORDERS
No
               Registrar's order with
                    Signatures
      16.10.                            CRLA No.721 of 2023
      2023
                                        Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Alok Kumar Verma, J.

Mr. Mukul Dangi, Legal Aid Counsel for the appellant.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

2. This is a Criminal Appeal against conviction, filed under Section 374(2) of the Code of Criminal Procedure, 1973 against the impugned judgment dated 01.08.2023, passed by learned Special Judge, POCSO/Additional District and Sessions Judge, Dehradun in Special Sessions Trial No.52 of 2022, whereby the appellant has been convicted for the offence punishable under Section 363 of the Indian Penal Code, 1860 (for short, "IPC"), 354B IPC, Section 376 r/w Section 511 IPC and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo simple imprisonment for a period of twenty years along with a fine of Rs.5,000/- and, in default of payment of fine, he was sentenced to undergo one month additional simple imprisonment.

3. As per office report, there is a delay of ten days' in filing this Appeal.

4. Learned counsel for the State fairly submits that since the appellant was in jail even during the trial, therefore, he do not propose to file any objection to the delay condonation application.

5. For the reasons indicated in the delay condonation application, we are inclined to condone the delay. Accordingly, Delay Condonation Application (IA No.01 of 2023) is allowed, and, the delay of 10 days' in filing the Appeal is condoned.

6. An exemption application from requirement of filing affidavit in support of bail application and delay condonation application has been filed. For the reasons indicated in the application, the same is allowed. The condition of filing the affidavit is exempted in respect of the appellant.

7. Admit.

8. Summon the Lower Court Record.

9. List on 08.01.2024.

10. Objection, if any, to the bail application be filed in the meantime.

(Alok Kumar Verma, J.) (Manoj Kumar Tiwari, J.)

16.10.2023 16.10.2023

Pant/SB