Delhi High Court - Orders
Sonu@Billa vs State, Through Sho, Ps Paschim Vihar ... on 9 January, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 22/2023
SONU@BILLA ..... Appellant
Through: Mr. Ashish Dahiya, Advocate
versus
STATE, THROUGH SHO, PS PASCHIM
VIHAR EAST ..... Respondent
Through: Mr. Satish Kumar, APP for the State
with SI Sweta, P.S. Paschim Vihar,
East
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 09.01.2023 CRL.A. 22/2023
1. The instant appeal under section 374 (2) of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the appellant against the judgment of conviction dated 15.11.2021 and order on sentence dated 15.12.2021 in Session Case No.234/2014 titled as State Vs. Sonu @ Billa in case FIR No. 730/2014 for the offences punishable under Section 354C of Indian Penal Code, 1860 ("IPC") and Section 12 of Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") registered at Police Station Paschim Vihar, East.
2. Admit.
3. Trial Court record be summoned.
CRL.M.A. 532/2023 (delay of 326 days)
4. By this application under Section 5 of Limitation Act read with Section 482 CrPC, the appellant seeks condonation of delay of 326 days in Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:13.01.2023 11:59:29 filing the appeal.
5. Learned counsel for the appellant states that due to poor background of the appellant as well as death of his parents, he was unable to engage a counsel.
6. In view of the submission made by learned counsel for appellant, the delay of 326 days in filing the present appeal stands condoned.
7. Application stands disposed of.
CRL.M.(BAIL) 29/2023 (for suspension of sentence)
8. The present application under Section 389 of the Code of Criminal Procedure, 1973 has been filed by the appellant praying inter alia for suspension of sentence awarded to him, vide order on sentence dated 15.12.2021, to undergo rigorous imprisonment for a period of one year with fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for a period of one month, for offence punishable under Section 354C IPC and Section 12 of POCSO Act. Benefit of Section 428 Cr.P.C extended to the convict.
9. Learned counsel for appellant has no instructions as to whether fine imposed upon the appellant has been deposited or not.
10. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
11. List for arguments on the application for suspension of sentence as well as on merits on 15.02.2023.
12. In the meantime, nominal roll be called for.
13. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J JANUARY 9, 2023/ns Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:13.01.2023 11:59:29