Criminal application for condonation of delay in filing an appeal against conviction for an offence under Section 6 of POCSO. Single judge held that incarceration during trial constitutes sufficient cause for delay.
Delay in lodging appeal condoned; application allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
27-APPA-1-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1 OF 2017 IN CRIMINAL APPEAL (STAMP) NO.1 OF 2017
JISHAN @ PAPPU NISAR AHEMAD SIDDIQUEE )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Arun Rajput i/b. Ms.Anjali Patil, Advocate for the Applicant. Ms.V.S.Mhaispurkar, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 15th FEBRUARY 2017.
P.C. :
1 This is an application for condonation of delay in filing
an appeal challenging conviction of the applicant for offence punishable under Section 6 of the Protection of Children from Sexual Offences Act (POCSO). The applicant / accused, on conviction is sentenced to suffer rigorous imprisonment for 10 years apart from payment of fine of Rs.40,000/-, in default, to undergo further rigorous imprisonment for 3 months.
avk 1/2
27-APPA-1-2017.doc
2 Heard the learned advocate appearing for the applicant / accused as well as the learned APP. The learned APP opposed the application by contending that no sufficient cause is shown for filing the appeal beyond the period of limitation.
3 It is seen that the applicant / accused is behind bar since 3rd March 2013 and he was an under-trial prisoner. Reasons stated for delay in filing the appeal are to the effect that parents of the applicant / accused are aged and there is nobody in the family to approach a lawyer for filing the appeal. When the applicant / accused is behind bar even during pendency of the trial against him, the reason so stated constitutes a sufficient cause for non-
filing the appeal within limitation. Hence the order :
i) The application is allowed.
ii) Delay in lodging appeal is condoned.
(A. M. BADAR, J.)
avk 2/2
1 issue framed by the court
Whether the delay in filing the appeal is condonable when the applicant was behind bar during the trial and stated his aged parents could not approach a lawyer.
1 provisions across 1 enactments
JISHAN @ PAPPU NISAR AHEMAD SIDDIQUEE
THE STATE OF MAHARASHTRA
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
