CRLA/708/2024
2024 Latest Caselaw 2693 UK

Uttarakhand High Court

CRLA/708/2024 on 21 November, 2024

Bench: Manoj Kumar Tiwari, Vivek Bharti Sharma

                   Office Notes,
                      reports,
                     orders or
                   proceedings
SL.
        Date       or directions                    COURT'S OR JUDGES'S ORDERS
No
                        and
                    Registrar's
                    order with
                    Signatures
      21.11.2024
                                   CRLA No. 708 of 2024
                                   Hon'ble Manoj Kumar Tiwari, A.C.J.
                                   Hon'ble Vivek Bharti Sharma, J.

Mr. Asif Ali, learned counsel for appellant.

2. Mr. R.K. Joshi, learned Brief Holder for the State of Uttarakhand.

3. This is an Appeal against conviction. By the

impugned judgment dated 15.07.2022, passed by

Special Sessions Judge, Uttarkashi in Special Sessions

Trial No. 215 of 2021 titled as 'State vs. Virendra

Bahadur', appellant was convicted for offences under

Section 506 of Indian Penal Code (hereinafter referred

to as 'IPC') and Section 5/6 of Prevention of Children

against Sexual Offences Act, 2012 (hereinafter referred

to as 'POCSO Act') and sentenced to undergo 20 years'

rigorous imprisonment with fine of Rs. 25,000/-.

4. As per the Office Report, there is delay of 796 days in filing the Appeal.

5. Learned counsel for appellant submits that appellant is in Jail since 15.07.2022 and he has been nominated as a Legal Aid Counsel by High Court Legal Services Committee, therefore, the Appeal deserves to be condoned.

6. Learned State Counsel fairly submits that since appellant is in Jail and the Appeal has been filed through legal aid, therefore, he has no objection to the Delay Condonation Application (IA No. 2 of 2024), and the delay may be condoned.

7. Accordingly, we allow the Application seeking condonation of delay. The delay of 796 days in filing the Appeal is condoned.

8. For the reasons stated in the Exemption Application (IA No. 3 of 2024), the same is also allowed. The appellant need not file English Translation of the impugned judgment.

9. Admit.

10. Let Trial Court Record be summoned.

11. List this matter on 18.02.2025.

12. Objection, if any, to Bail Application (IA No. 1 of 2024) be filed in the meantime.

13. Once the Trial Court record is received, Registry is directed to prepare and supply a copy of paper-book to learned counsel for the parties, as per rules.

(Vivek Bharti Sharma, J) (Manoj Kumar Tiwari, ACJ)

21.11.2024 21.11.2024 Rathour