2023 Supreme(Online)(DEL) 901
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IN THE HIGH COURT OF DELHI AT NEW DELHI
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CRL.A. 67/2023
RAM SINGH
..... Appellant
Through:
Ms Gayatri Nandwani and Ms Mudita
Sharda, Advs.
versus
STATE OF NCT OF DELHI
..... Respondent
Through:
Ms Manjeet Arya, APP for State
SI Neeti, PS-Jahangirpuri
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
GAYATRI NANDWANI (DHCLSC)
ORDER
% 23.01.2023 CRL.M.A. 1674/2023 Exemption allowed, subject to all just exceptions. The application stands disposed of. CRL.M.A. 1673/2023 This is an application seeking condonation of 185 days delay in filing the appeal. It is stated that the applicant has been in custody and told his family members to file appeal through a private counsel. The family could not arrange money and were also not able to get the entire trial Court records. Hence, the applicant has filed the appeal through the counsel of DHCLSC. In view of the submissions made by learned counsel and for the reasons stated in the application, the delay of 185 days in filing the appeal is condoned. The application is disposed of. CRL.A. 67/2023 This is an appeal against the judgment of conviction dated 05.02.2022 and order on sentence dated 06.05.2022 passed by the learned Additional Sessions Judge-05, POCSO Act, North Rohini, Delhi in Sessions Case No. 58218/2016 wherein the appellant has been convicted under Sections 366/354-A/354-B IPC and Sections 10/12 of POCSCO Act and has been sentenced for a total period of 5 years Simple Imprisonment with fine of Rs. 7,000/-. For the reasons stated above, the appeal is admitted . To be listed in due course. CRL.M.(BAIL) 99/2023 This is an application seeking suspension of sentence awarded to the appellant. It is stated that out of 5 years sentence, the appellant has already undergone 1 years, 3 months and 26 days and has an unexpired portion of sentence of 3 years, 8 months and 4 days. Issue notice. Ms Arya, learned APP accepts notice on behalf of the State. She seeks and is granted four weeks to file a status report. Since this is a matter inter alia under Sections 354-A/354/B IPC and Sections 10/12 of POCSCO Act, let intimation under Section 439 (1-A) Cr.P.C read with Delhi High Court Practice Directions dated 24.09.2019 in form Annexure-A attached to the Practise Directions be sent by the Investigating Officer to the complainant/prosecutrix/informant informing them of the pendency of the present matter to enable them or their authorized signatory to be present in Court if they so desire, either through video conferencing or in Court. It is clarified that it is not compulsory for the prosecutrix to appear in person for the hearing. List on 12.04.2023. JASMEET SINGH, J JANUARY 23, 2023 sr Click here to check corrigendum, if any