Panaji: The High Court of Bombay at Goa has condoned a 322-day delay in a criminal appeal filed by a man convicted under the Protection of Children from Sexual Offences (POCSO) Act, holding that the statutory right
to appeal cannot be defeated solely because of procedural delay, particularly in the case of marginalised individuals.
The applicant, Santosh Korva, sought to challenge his conviction and sentence under Sections 363, 376 and 506(2) of the Indian Penal Code, along with Sections 4, 8 and 12 of the POCSO Act. However, the appeal was filed with a delay of 322 days.
The High Court said that the criminal appeal was a statutory right available to the applicant under the Code of Criminal Procedure and “cannot be taken away merely because there is delay caused in lodging of the appeal.”
The court said it was satisfied that the delay had been bona fide explained in view of the applicant’s socio-economic circumstances and immediate incarceration. It accordingly allowed the application for condonation of delay and directed the Registry to register the criminal appeal.
The counsel representing Korva said that the delay was neither intentional nor negligent. He submitted that Korva is a poor labourer who was unfamiliar with the legal process and did not know the procedure for filing an appeal after his conviction.
The defence further said that Korva was taken into custody immediately after sentencing and had no immediate opportunity to obtain legal advice. It was only after his brother contacted an advocate by telephone that the option of filing an appeal was explored.
The State, represented by the public prosecutor, opposed the application on technical grounds, submitting that ignorance of the law is generally not recognised as a valid reason for condoning such a substantial delay.
