Irfan Umar Khan v. X (Victim) And ANR

3-ia-3862-24 (delay) Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3862 OF 2024 IN CRIMINAL APPEAL (ST) NO. 19848 OF 2024 Irfan Umar Khan ..Applicant

Versus

"X" (Victim) & Anr.

..Respondents __________ Mr. Shyamrishi Pathak for Applicant.

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

DATE : 5 AUGUST 2025 PC :

1.

This is an application for condonation of the delay of 55 days in filing the Appeal against the Judgment and order dated 21.05.2024 passed by the learned Designated Judge under POCSO Act, for Greater Bombay, in POCSO Case No.165 of 2017. The Applicant was convicted for commission of the offences punishable under sections 354, 504, 509 and 323 of the I.P.C. He was acquitted from the charges of commission of offences punishable under sections 17 and 18 of the Protection of Children from Sexual Offences Act. The maximum sentence imposed on him was Digitally signed by VINOD BHASKAR GOKHALE Date:

2025.08.06 12:21:11 +0530 VINOD BHASKAR GOKHALE

3-ia-3862-24 (delay) imprisonment for one year.

2.

Learned counsel for the Applicant submitted that after this order was passed, he could not engage a private advocate immediately because of his financial constraints. His mother was bedridden for about a month and, therefore, that delayed the matter further. He submitted that he has a good case on merits and, therefore, in the interest of justice, the delay be condoned. 3.

Learned APP does not have any serious objection for condoning the delay.

4.

Considering these submissions and in the interest of justice, the delay of 55 days in filing the appeal is condoned. The Appeal be processed further.

5.

The application is disposed of.

(SARANG V. KOTWAL, J.)