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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

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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