The High Court of Bombay Criminal Appellate Bench allowed the applicant's application for condonation of delay of 157 days in filing an appeal challenging his conviction under Section 4 of the Protection of Children from Sexual Offences Act, 2012.
Application allowed; delay in lodging appeal is condoned.
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.
902-APPA-329-2017.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
*CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.329 OF 2017 IN CRIMINAL APPEAL (ST) NO.190 OF 2017*
Pahad Mustag Patankar )...Applicant V/s. State Of Maharashtra )...Respondent
Mr. Ashish Shastri i/by Aniket Vagar, Advocates for the Applicant.
Mr. Ameet Palkar, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 8th MARCH, 2017.
P.C. :
This is an application for condonation of delay of
about 157 days in filing an appeal challenging the judgment and order of conviction of the Applicant of the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 recorded by the learned Special Judge, Ratnagiri.
2 Heard both sides. Perused the application. The Applicant/Accused is undergoing sentence. His family friend was
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902-APPA-329-2017.doc
processing matter of filing the appeal challenging his conviction and sentence. In that process, copy of the judgment of the trial Court was found misplaced. Hence, the delay.
3 The reason so stated constitutes 'Sufficient Cause'. Hence, the order:
(1) Application is allowed. (2) Delay in lodging appeal is condoned.
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1 issue framed by the court
Whether the delay of 157 days in filing an appeal under Section 4 of POCSO Act, 2012 can be condoned on the ground of misplaced judgment copy.
1 provisions across 1 enactments
Pahad Mustag Patankar
State Of Maharashtra
A. M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
