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Bombay High CourtIA/4693/2023disposed off

Rohit Tukaram Jadhav v. State Of Maharashtra And ANR.

2024-09-11Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

19-IA-4693-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4693 OF 2023 IN CRIMINAL APPEAL [STAMP] NO. 22121 OF 2023 Rohit Tukaram Jadhav ...Applicant/Appellant

Versus

State of Maharashtra And Anr.

...Respondents

....

Ms. Amruta Kundap i/by Mr. Ravindra Kadam, Appointed Advocate for the Applicant/Appellant.

Smt. S.R. Tidke, APP for the Respondent - State. Mr. Sushan Mhatre, Appointed Advocate for Respondent No.2. ....

CORAM

:

SARANG V. KOTWAL, J.

DATE :

11th SEPTEMBER 2024 P.C.

:

1.

The Applicant was the accused in Special POCSO Case No.14 of 2022 before the Additional Sessions Judge, Islampur, District Sangli. The learned Judge vide his Judgment and order dated 25th November 2022 convicted the Applicant for the offences punishable under Section 6 of the Protection of Children from Sexual Offences Act, 2012 Act ("POCSO Act") and under Section 363 of Indian Penal Code (IPC). The major sentence imposed on him was Rigorous Imprisonment for 20 years besides imposition of Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.09.12 11:28:00 +0530 fine for the offence under Section 6 of the POCSO Act. He was also SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

19-IA-4693-2023.doc sentenced to suffer Rigorous Imprisonment for five years besides imposition of fine for the offence under Section 363 of IPC. 2.

The learned counsel for the Applicant submitted that the Applicant is from poor financial background. The appeal had to be filed with the help of the Legal Services Authority of this Court. Therefore, time was required to appoint an Advocate and collect those papers. Because of this, there was delay of 289 days in filing the Appeal.

3.

Considering these reasons and in the interest of justice, the delay of 289 days in filing the appeal is condoned. The appeal to proceed further.

4.

Interim Application is disposed of accordingly. [SARANG V. KOTWAL, J.] Sajakali Jamadar