Sitaram Gopji Pagi v. The State Of Maharashtra And ANR

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13.IA-2893-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2893 OF 2024 IN CRIMINAL APPEAL [STAMP] NO.14950 OF 2024 Sitaram Gopji Pagi .....Applicant

Versus

The State of Maharashtra and another .... Respondents ----- Mr. Madhusudan Pareek, Advocate (appointed) for the Applicant.

Smt. Sangita D. Shinde, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 31st JULY, 2024 P.C. :

1.

The Applicant was convicted and sentenced by the Additional Sessions Judge, Palghar in Special POCSO Case No.15/2018 by the judgment and order dated 24.1.2023. The Applicant was convicted under Sections 376(2)(i), 376(2)(k) of IPC, and under Sections 5(m) & 5(n) read with Section 6 of the Protection of Children From Sexual Offences Act, 2012 (for short, 'POCSO Act'). The Deshmane(PS)

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13.IA-2893-24.odt maximum sentence imposed on him is RI for twenty years besides imposition of fine.

2.

This is an application for condonation of 476 days in preferring the Appeal. Learned counsel for the Applicant submitted that the Applicant is a poor person. He could not engage a private Advocate, therefore, this Appeal is being filed with the help of Legal Services Authority of this Court. He submitted that after the learned counsel, who is appearing today, was appointed, some time was spent in collecting the documents, evidence and other material. Sometime was spent in preparing the Appeal and filing it. Therefore, delay be condoned.

3.

Considering these reasons and in the interest of justice, delay of 476 days in preferring the Appeal is condoned. The Appeal be processed further.

4.

Interim Application is disposed of accordingly. PRADIPKUMAR PRAKASHRAO DESHMANE (SARANG V. KOTWAL, J.) PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2024.08.02 17:20:21 +0530