CRLA/291/2025
2025 Latest Caselaw 1743 UK

Uttarakhand High Court

CRLA/291/2025 on 6 August, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
          Date                                                    COURT'S OR JUDGE'S ORDERS
No.                  directions and
                   Registrar's order
                    with Signatures
      06.08.2025                        Delay Condonation Application (IA No. 1 of 2025)
                                        In
                                        CRLA No. 291 of 2025
                                        Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Subhash Upadhyay, J.

Mr. Basant Singh, Advocate for the appellant.

2. Mr. J.S. Virk, Deputy Advocate General for the State of Uttarakhand.

3. This is appeal against conviction. By the impugned judgment dated 04.02.2025, rendered by Special Judge (POCSO Act) / Sessions Judge, Tehri Garhwal in Special Sessions Trial No. 39 of 2023, appellant was convicted for offence punishable under Sections 363 & 366 IPC and Section 5 (l) r/w Section 6 of POCSO Act and was awarded maximum punishment of 20 years rigorous imprisonment with fine of `10,000/-.

4. Challenging his conviction and sentence, appellant has filed this Appeal with delay of 25 days.

5. Learned State Counsel fairly submits that Hon'ble Supreme Court in the case of Mahesh Singh Banzara v. State of Madhya Pradesh, (arising out of Special Leave Petition (Crl.) No. 18045 of 2024) has held that, right to appeal against conviction is not only a statutory right but a fundamental right, therefore, he submits that he do not propose to file objection to the delay condoantion application.

6. For the reasons indicated in the delay condonation application, we are inclined to condone the delay of 25 days. Accordingly, delay condonation application is allowed.

7. Admit the Appeal.

8. Trial Court Record be summoned.

9. List on 15.10.2025.

10. Objection to the bail application be filed in the meantime.

(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 06.08.2025 Navin