CRJA/53/2019
2025 Latest Caselaw 2943 UK

Uttarakhand High Court

CRJA/53/2019 on 13 June, 2025

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                                    COURT'S OR JUDGE'S ORDERS
No.            directions and
             Registrar's order
              with Signatures

                                  CRLA No. 53 of 2019

                                  Hon'ble Ashish Naithani, J.

Ms. Neelima Mishra Joshi, learned Legal Aid Counsel for the appellant.

2. Mr. Vipul Painuli, learned A.G.A. for the State of Uttarakhand.

3. The present Criminal Jail Appeal has been preferred against the judgment and order dated 23.08.2018, passed by the learned Fast Track Court/Additional Sessions Judge/Special Judge, POCSO, Udham Singh Nagar, in Special Sessions Trial No. 50 of 2017. By the aforesaid judgment and order, the appellant was convicted under Section 376(2) of the Indian Penal Code, 1860, and sentenced to undergo ten years of rigorous imprisonment, along with a fine of ₹50,000/-. In default of payment of the fine, the appellant was directed to undergo an additional six months of simple imprisonment.

4. Learned Legal Aid Counsel submits that, as per the custody certificate, the appellant has completed the substantive sentence of ten years rigorous imprisonment. However, he is unable to pay the fine amount of ₹90,000/- due to his financial incapacity. It is further submitted that, since the matter arises out of legal aid, the appellant seeks waiver of the fine amount and prays for an appropriate order for his release.

5. Let a report be called from the concerned jail within one week.

6. Objection(s), if any, to the Criminal Jail Appeal may be filed in the meantime.

7. List this case on 19.06.2025 at the top of the board.

(Ashish Naithani, J.) 13.06.2025 Shiksha