The court condoned a 9-day delay in filing an appeal under the Limitation Act, emphasizing justice and admitted the appeal against conviction under IPC and POCSO Act.

ORDER :

1. This hearing has been done through hybrid mode.

CRL. M.A. 9518/2025 (Exemption)

2. Allowed, subject to all just exceptions. The application is allowed and disposed of accordingly.

CRL. M.A. 9519/2025 (Delay 9 days)

3. The present application under Section 5 of the Limitation Act, 1963 seeks condonation of delay 9 days in filing the present appeal.

4. Issue notice.

5. Learned APP for the State accepts notice, and fairly does not oppose this application.

6. For the reasons stated in the application and in the interest of justice, the application is allowed and disposed of accordingly.

7. The delay of 9 days in filing of the captioned appeal is condoned.

8. The present appeal under Section 415(2) of the BNSS has been filed assailing the judgment of conviction dated 27.01.2025 and order on sentence dated 10.02.2025, passed by learned ASJ-01, Special Judge (POCSO), Shahdara, Karkardooma Courts, Delhi, whereby the appellant has been convicted, in case SC No. 224/2021, arising out of FIR No. 437/2021, under Sections 354 of the IPC and Section 10 of the POCSO Act, registered at P.S. Harsh Vihar.

9. Vide the aforesaid impugned judgment of conviction and order on sentence, the appellant has been convicted for the offence punishable under Section 354 of the IPC and Section 10 of the POCSO Act and has been sentence to undergo rigorous imprisonment for a period of 5 years for the offence punishable under Section 10 of the POCSO Act, along with fine of Rs. 1,000/- and in default of payment of fine, to further simple imprisonment for a period of one month. The appellant has also been sentenced to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Section 354 of the IPC along with fine of Rs. 1,000/- and in default of payment of fine, to further simple imprisonment for one month. Learned ASJ had also recommended that compensation of Rs. 1,50,000/- be awarded to the survivor in accordance with the Delhi Victim Compensation Scheme, 2018, by DLSA, Shahdara, Karkardooma, Delhi.

10. Admit.

11. Registry is directed to requisition the Trial Court Record with proper index, pagination and bookmarks, for perusal of this Court, before the next date of hearing.

12. In the meantime, a report be called from the Secretary, Delhi Legal Services Authority, Shahdara, Karkardooma, Delhi, before the next date of hearing, with regard to the status of disbursal of the compensation amount of Rs.1,50,000/- awarded to the survivor vide order on sentence dated 10.02.2025.

CRL. M. (BAIL) 686/2025

13. The present application under Section 538 of the BNSS seeks suspension of sentence and release of the appellant on bail during pendency of the instant appeal.

14. Issue notice.

15. Learned APP for the State accepts notice and seeks time to file status report. Let the same be filed before the next date of hearing.

16. Issue notice to the survivor to be served through the SHO concerned for the next date of hearing.

17. List on 21.05.2025.

18. In the meantime, the latest nominal roll of the appellant/applicant be requisitioned from the concerned Jail Superintendent.

19. Copy of the order be sent to the concerned Jail Superintendent and Secretary, DLSA, Shahdara, Karkardooma, for necessary information and compliance.