Bombay High Court
RIJWAN IKRAMUDDIN ANSARIversusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The court held that the delay in filing the appeal is condoned, allowing the appeal to be registered.
Summary
The applicant, Rijwan Ikramuddin Ansari, was convicted by a Special Judge in a POCSO case for offences under Section 4 of the POCSO Act and several IPC sections, receiving a 20-year rigorous imprisonment. He remained in custody from 31 August 2018. He filed an interim application seeking condonation of delay in filing his appeal against the judgment dated 25 June 2025. The court considered that the applicant had been in custody throughout and accepted the reasons for delay. Consequently, the court allowed the interim application, condoned the delay, and ordered the appeal to be registered. The victim’s counsel waived notice, and the matter was adjourned for further hearing.
Issues considered
- Whether the delay in preferring an appeal against the conviction and sentence can be condoned under criminal procedure law.
Legislation cited
- Indian Penal Code — s. 323, 366-A, 376, 504, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- condonation of delay
- appeal
- POCSO Act
- criminal procedure
- custodial sentence
- interim application
Judgment
21-IA-4082-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4082 OF 2025
IN
APPEAL (ST) NO. 22033 OF 2025
Rijwan Ikramuddin Ansari ...Applicant
Versus
State of Maharashtra & anr. …Respondents
WITH
INTERIM APPLICATION NO. 4083 OF 2025
IN
APPEAL (ST) NO. 22033 OF 2025
Mr. Prashant Pandey, a/w Mr. Dinesh J, Ms. Ridhima
Mangaonkar, Ms. Neha B, Ms. Priyanka Chobbria, i/b
Sandeep Sherkhane, for the Applicant.
SAINATH
SANJAY
BODKHE
Digitally signed by
SAINATH SANJAY
BODKHE
Mr. D J Haldankar, APP for Respondent No.1 – State.
Date: 2026.09.28
11:11:36 +0530
Ms. Lucy Massey (VC), for Respondent No.2 (appointed Adv.)
CORAM : N. J. JAMADAR, J.
DATE : 24th SEPTEMBER 2026
P.C.:
IA/4082/2025
1. Heard the learned Counsel for the parties.
2. This is an application for condonation of delay in
preferring the appeal against a judgment and order dated 25 th
June, 2025 passed by the learned Special Judge in POCSO Case
SAINATH, PA 1/3
21-IA-4082-2025.DOC
No.448/2018 whereby the applicant has been convicted for an
offence punishable under Section 4 of the Protection of Children
from Sexual Offences Act, 2012 (“POCSO Act”) and Sections
323, 366-A, 376, 504 and 506 of the Indian Penal Code, 1860.
The applicant has been sentenced to suffer rigorous
imprisonment for a term of 20 years for the major offence
punishable under Section 4 of the POCSO Act.
3. The applicant has been in custody since 31st August, 2018.
4. In view of the fact that the applicant has been in custody
throughout and for the reasons assigned in the application, the
delay in preferring the appeal deserves to be condoned.
5. Hence, the following order :-
:: ORDER::
(i) The Interim Application No.4082/2025 stands
allowed.
(ii) The delay in preferring the appeal stands
condoned.
(iii) The appeal be registered.
APPEAL(ST)/22033/2025
6. Heard.
7. Admit.
8. Call R & P.
SAINATH, PA 2/3
21-IA-4082-2025.DOC
IA/4083/2025
9. Ms. Massey, the learned Counsel who has been appointed
to espouse the cause of Respondent No.2 – victim, waives notice
for Respondent No.2.
10. Stand over to 08th October, 2026.
[N. J. JAMADAR, J.]
SAINATH, PA 3/3
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