Uttarakhand High CourtCRLA/707/2023 on 10 October, 2023Author:Pankaj PurohitBench:Manoj Kumar Tiwari,Pankaj PurohitOffice Notes,\n             reports, orders or\nSL.           proceedings or\n      Date                                     COURT'S OR JUDGES'S ORDERS\nNo             directions and\n             Registrar's order\n              with Signatures\n                                  CRLA No. 707 of 2023\n                                  Hon'ble Manoj Kumar Tiwari, J.Hon'ble Pankaj Purohit, J.Mr. Siddhartha Bankoti, Advocate for\n                                  the appellant.2.      Mr. Rakesh Joshi, Brief Holder for the\n                                  State.3.      This is an appeal against conviction\n                                  filed underSection 374Cr.P.C. filed through\n                                  legal-aid-counsel appointed by High Court\n                                  Legal Services Committee.4.      By the impugned judgment and order,\n                                  the appellant has been convicted for the\n                                  offences punishable underSections 363,366,376(3)IPC andSection 5/6of POCSO\n                                  Act. UnderSection 363IPC, appellant is\n                                  sentenced          three       years'       rigorous\n                                  imprisonment alongwith a fine of Rs. 3000/-\n                                  and in default of payment of fine, shall\n                                  undergo one month's additional rigorous\n                                  imprisonment,        underSection    366IPC,\n                                  sentenced       to      five     years      rigorous\n                                  imprisonment         alongwith   a   fine   of   Rs.\n                                  5,000/- and in default of payment of fine,\n                                  shall    undergo      three    months     additional\n                                  rigorous imprisonment and underSection\n                                  373(3)IPC, sentenced to twenty years\n                                  rigorous imprisonment with a fine of Rs.\n 50,000/ and in default of payment of fine,\nshall       undergo         additional         rigorous\nimprisonment for a period of one year.5.       As per the office report, there is a\ndelay of 89 days. An application seeking\ncondonation of delay has been filed with an\napplication       seeking         exemption        from\nrequirement of filing an affidavit. For the\nreasons       indicated      in     the     Exemption\nApplication No. 3 of 2023, the same is\nallowed.6.       Learned State Counsel submits that he\ndoes not proposes to file any objection to\nthe delay condonation application and he\nsubmits      that    since        the     appellant   is\nlanguishing in jail, therefore, the delay may\nbe condoned. For the reasoned indicated in\nthe      delay    condonation       application,      we\ncondone the delay. Accordingly, the Delay\nCondonation Application No. 1 of 2023 is\nallowed.7.       Admit.8.       Summon the LCR.9.       List on 28.12.2023.(Pankaj Purohit, J.)      (Manoj Kumar Tiwari, J.)\n                    10.10.2023\nUjjwal