BIDHAN TRIKHATRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Criminal Revision Petition impugns the Order of the Learned Sessions Judge, Sikkim at Gangtok, in Criminal Appeal Case No.06 of 2023, dtd. 31/10/2023, by which an Application filed by the Revisionists, seeking condonation of 388 days' delay in filing the Appeal was dismissed by the Learned Court.

(2.) The genesis of the matter as submitted by Learned Senior Counsel for the Revisionists/Petitioners, is that, the Learned Chief Judicial Magistrate, Gangtok, in General Register Case No.05 of 2022, vide its impugned Judgment, dtd. 23/8/2022, convicted the three Revisionists for the offences under Ss. 454 and 380 of the Indian Penal Code, 1860 (for short, 'IPC'). By the Order on Sentence, dtd. 24/8/2022, under Sec. 454 of the IPC, they were each sentenced to undergo rigorous imprisonment for five years, and pay a fine of ? 20,000/- (Rupees twenty thousand) only. Under Sec. 380 of the IPC, they were sentenced to simple imprisonment for three years each, with fine of ? 10,000/- (Rupees ten thousand) only, each. The sentences of fine bore default stipulations. The period of imprisonment were ordered to run concurrently.

(3.) Aggrieved thereof, the Revisionists were before the Learned Sessions Judge in Appeal. As there was a delay of 388 days in filing the Appeal, the Revisionists sought condonation of the said delay. The Learned Appellate Court vide the assailed Order dtd. 31/10/2023 observed that the reasons furnished by the Revisionists cannot be treated as 'sufficient cause' for admitting the Appeal. That, only normal circumstances had been cited by the Revisionists and no reason had been mentioned as to why they had to wait for more than one year to file the Appeal. Accordingly, the Petition for condonation of delay was dismissed and consequently, the Criminal Appeal No.06 of 2023.