Dharmanath @ Dharma Mohan Rai v. State Of Maharashtra And ANR

(11)-IA-837-24.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.07.18 11:12:11 +0530 INTERIM APPLICATION NO.837 OF 2024 BALAJI GOVINDRAO PANCHAL IN CRIMINAL APPEAL STAMP NO.3870 OF 2024 Dharmanath @ Dharma Mohan Rai ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondent Mr. Mujahid Ansari, for the Applicant.

Ms. Ranjana D. Humane, APP for the Respondent/State. CORAM : SARANG V. KOTWAL, J.

DATE : 16th JULY, 2024 P. C.

1.

The applicant has challenged the judgment and order dated 1st October, 2022 passed by the learned Sessions Judge, Kalyan in Special Case No.160 of 2015. The Applicant was convicted for commission of offences under Sections 376(2)(j), 376(2)(n), 376(3), 323, 506 of IPC and under Sections 3 r/w 4, Section 7 r/w 8 and Section 11 r/w 12 of POCSO Act. The major sentence imposed on him was rigorous imprisonment for twenty years besides imposition of fine.

2.

Learned counsel for the Applicant submitted that the Applicant was in poor financial condition. He could not engage a private advocate. He therefore sought assistance of Legal Services BGP.

(11)-IA-837-24.doc.

Authority of this Court. A Legal Aid Counsel from the panel was appointed to represent the Applicant. Learned advocate was appointed on 9th November, 2023. Thereafter, sometime was required to collect the documents including the judgment copy. All these has caused delay of 434 days in filing the Appeal. 3.

Considering these submissions and in the interest of justice, the delay of 434 days in filing the Appeal is condoned. The Appeal be processed further.

4.

The Application is disposed of.

(SARANG V. KOTWAL, J.) BGP.