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Bombay High CourtAPPA/975/2022delay condonatedrejected

Ansarkha Ibrahimkha Pathan v. The State Of Mha. Thr. Pso Ps Ramnagar Wardha And Another

2023-01-05Hon'Ble Shri Justice Anil L. Pansare2 pages

APPa.975.22

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

CRIMINAL APPLICATION (APPA) NO. 975/2022 IN CRIMINAL APPEAL NO................./2023 Ansarkha Ibrahimkha Pathan .. Applicant /s versus The State of Maharashtra and another ..Respondent /s ............................................................................................................. Mr. Bhushan Dafle, Adv.for applicant Mr I.J.Damle, APP for Respondent No.1 Ms.Hemlata S. Dhande, Adv.for Respondent No.2 ..............................................................................................................

CORAM

: ANIL L.PANSARE,J.

DATE D : 5th January, 2023 PC:

CRI.APPA.975/2022 By present application, the applicant is seeking condonation of delay of 109 days in filing the Appeal against conviction. The applicant has been convicted by the judgment and order dated 15.02.2022 passed by learned Special Judge (POCSO Act) Wardha in Spl.Child Protection Case No. 23/2018, for the offences punishable u/ss. 5(j), (ii), (l), (n) and 6 of the Protection of Children from Sexual Offences Act read with Sections 376(2)(f), (i), (k),(n) of the IPC.

Learned APP and learned counsel appearing for Respondent no.2 have opposed the application.

However for the reasons stated in para no. (2) (3) and (4) of the Application and in the interest of justice, the Application is allowed. The delay of 109 days caused in filing the present appeal is hereby condoned. The Appeal be registered.

APPa.975.22 CRI.APPEAL NO....../2023 Heard.

Admit.

Call R & P.

The R & P be furnished in hard copy as well as soft copy. [ANIL L. PANSARE, J.] sahare BHAGWANTRAO SAHARE Location: