BALACHANDAR Vs. STATE

JUDGEMENT

(1.) The above petition has been filed seeking orders to extend the time granted in Crl.A.(MD)No.275 of 2009, dtd. 25/10/2019 for a further period of two weeks.

(2.) The petitioner is the appellant. He filed the Criminal Appeal challenging the judgment of conviction made in S.C.No.32 of 2007, dtd. 7/9/2009, on the file of the Mahalir Neethimandram, Tirunelveli, wherein he was found guilty for the offences under Ss. 376(g) and 506(ii) I.P.C., and sentenced him to undergo 10 years Rigorous Imprisonment and to pay a fine of Rs.15,000.00, in default to undergo one year Simple Imprisonment for the offence under Sec. 376(g) I.P.C., and sentenced to undergo 7 years Rigorous Imprisonment for the offence under Sec. 506(ii) I.P.C. A learned Judge of this Court, vide judgment dtd. 25/10/2019, partly allowed the appeal and the punishment imposed on the appellant for the offence under Sec. 376 I.P.C., by the trial Court was reduced to 7 years Rigorous Imprisonment and he was directed to pay the compensation of Rs.2,00,000.00 to the victim girl within a period of two weeks from the date of receipt of a copy of the said judgment, failing which, the punishment imposed by the trial Court is restored.

(3.) Admittedly, the petitioner/appellant has not paid the compensation as directed by this Court. Now he filed the present application seeking extension of time. The petitioner, in the affidavit filed in support of the time extension petition stated that he was not aware of the order of compensation passed by this Court, that he is an uneducated person coming from poor family background and he has got full knowledge of the judgment of this Court when the legal aid Counsel met him and informed about the compensation order, that he contacted his mother immediately and informed about the judgment made in the appeal, that he is undergoing sentence in central prison, Palayamkottai without any adverse remakes, that he has already undergone 6 years imprisonment including the remand period, that the non-payment of compensation is neither wilful nor wanton, that the petitioner is ready to pay the compensation of Rs.2,00,000.00 to the victim as directed by this Court and that the petitioner will be put to irreparable loss and hardship if time is not extended.