The court establishes the importance of timely filing appeals while considering delays due to custody circumstances under IPC and POCSO matters.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

5 04-12-2025 I.A. No. 1 of 2025 The present Interlocutory Application has been filed for condonation of delay of 950 days in filing the present Appeal against the Judgment of conviction dated 29.11.2022 and order of sentence dated 30.11.2023 passed in POCSO Case No. 45 of 2019 arising out of Naugachia Mahila P.S. Case No. 12 of 2019 by learned Exclusive Special Judge, POCSO Act-cum-VII^th Additional District & Sessions Judge, Bhagalpur, whereby the Appellant has been found guilty for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act and he has been sentenced to undergo ten years of rigorous imprisonment and he has been in custody for the reasons stated in the application.

2. Delay is condoned for the reasons as stated in the application.

3. Accordingly, I.A. No. 1 of 2025 stands disposed of.

CRIMINAL APPEAL (SJ) No.5263 of 2023

4. Heard learned counsel for the Appellant on admission.

5. The appeal is admitted.

6. Put up this case for hearing.

7. Issue notice to the Opposite Party No.2 on steps to be taken by the Petitioner within a period of two weeks by both modes i.e., under ordinary process as well as registered cover with A/D.

8. In the meantime, call for the Trial Court Record from Ld. Principal District and Sessions Judge, Bhagalpur, in connection with Naugachia Mahila P.S. Case No. 12 of 2019, pending in the Court of learned Exclusive Special Judge, POCSO Act-cum-VII^th Additional District & Sessions Judge, Bhagalpur and re-notify this case after receipt of the same on

22.01.2026.

9. The Trial Court Record must reach in time, without fail.

(Jitendra Kumar, J.)