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Mr Mohamad Faiyaaz vs State Of Nct Delhi on 27 January, 2022

Author: Anu Malhotra

Bench: Anu Malhotra

                      $~37
                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +    CRL.A. 43/2022, Crl.M.A. Nos. 1627-30/2022 & Crl.M.(B) 93/2022

                           MR MOHAMAD FAIYAAZ                          ..... Appellant
                                             Through: Mr.Pranesh, Advocate
                                             versus
                           STATE OF NCT DELHI                          ..... Respondent
                                             Through: Ms.Manjeet Arya, APP for State.
                           CORAM:
                           HON'BLE MS. JUSTICE ANU MALHOTRA
                                       ORDER

% 27.01.2022 (Through Video Conferencing) Crl.M.A. Nos. 1627/2022, 1628/2022 and 1629/2022 Exemption allowed, subject to just exceptions.

This is an application filed on behalf of the applicant seeking condonation of delay of 10 days in filing the appeal submitting to the effect that it took some time in getting the certified copies of the orders and that furthermore the counsel for the appellant and his entire family were suffering from fever, cough and cold.

Notice of the application is issued to state and accepted on behalf of the State. The learned APP for the State does not have any objection if the delay is condoned.

In view thereof, the application is allowed and the 10 days' delay in institution of the appeal is condoned.

The application is disposed of accordingly. Crl.A. No.43/2022 and Crl.M.B No. 93/2022 The appellant vide the present appeal assails the impugned judgment Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:28.01.2022 14:42:51 This file is digitally signed by PS to HMJ ANU MALHOTRA.

dated 2.8.2021 of the Court of the learned Additional Sessions Judge-01, POCSO Court and the impugned order on sentence dated 1.11.2021 therein in relation to FIR No. 244/2017, Police Station Sadar Bazar under Sections 342/354 of the Indian Penal Code, 1860 and Section 10 of the POCSO Act whereby the appellant having been convicted qua the said offences vide judgment dated 2.8.2021 was sentenced to rigorous imprisonment for a period of 5 years and to pay a fine of Rs.3,000/- qua the offence punishable under Sections 10 of the POCSO Act and rigorous imprisonment for a period of one year qua the offence punishable under Sections 342 of the Indian Penal Code, 1860 and no separate sentence was passed under Section 354 of the Indian Penal Code, 1860 in view of the verdict of this Court in Gaya Prasad Pal @ Mukesh V. State; Crl.A. No. 538/2016.

It has been submitted on behalf of the appellant that the appellant has been falsely implicated in the instant case due to a conspiracy and that the prosecutrix has also not adequately identified the appellant.

Notice of the appeal along with the Crl.M.B No. 93/2022 is issued to the State. The status report and response be submitted by the State.

Notice of the appeal and the Crl.M.B No. 93/2022 be also issued to the prosecutrix through the Investigating Officer of the case to be present either herself or through her authorized representative for the next date of hearing.

The TCR be requisitioned both in the e form and in physical form. Renotify on 14.3.2022.

ANU MALHOTRA, J JANUARY 27, 2022/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:28.01.2022 14:42:51 This file is digitally signed by PS to HMJ ANU MALHOTRA.