Application under Section 5 of the Limitation Act, 1963, for condoning a 129-day delay in filing an appeal against a POCSO conviction judgment. The court found sufficient cause and allowed the application.
The 129-day delay is condoned; registry directed to register and list the appeal.
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GAHC010188692022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/571/2022
RAJIMUL HOQUE S/O AKBAR ALI, VILL.- ALOMGANJ PART- II (THURIAPAHAR), P.O.- ALAMGANJ, P.S.- KAZIGAON, DIST.- KOKRAJHAR, ASSAM, PIN- 783339. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE LEARNED P.P., ASSAM. 2:HABIJAN BEWA S/O LATE KHAIBOR ALI VILL.- KHAMAR P.O.- BARKANDA P.S.- BOGRIBARI DIST.- KOKRAJHAR ASSAM PIN- 783348
Advocate for the Petitioner : MR. M S ALAM
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
08.02.2023
(M. Zothankhuma, J.)
Heard Mr. M.S. Alam, learned counsel for the applicant. Also heard Ms. B.
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Bhuyan, learned Additional Public Prosecutor for the State and Mr. H.R. Ahmed, learned counsel for the respondent.
This is an application under Section 5 of the Limitation Act, 1963, for condoning the delay of 129 days in filing the appeal against the judgment and order dated 04.03.2022 passed by the Special Judge (POCSO), Kokrajhar in Case No. Special 08/2017, by which the applicant has been convicted under Section 6 of the POCSO Act and sentenced to undergo R.I. for 20 years with a fine of Rs.50,000/-, in default imprisonment of 1 (one) year.
The counsels for the respondents submit that they do not have any objection to the delay being condoned.
On considering the reasons given for the delay in the application and keeping in view the submissions made by the counsels for the respondents, we find that sufficient cause for the delay has been made out. Accordingly the 129 days delay is condoned.
I.A. is accordingly disposed of.
Registry to register the appeal and list the same accordingly.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether sufficient cause was made out for condoning the 129-day delay in filing a criminal appeal.
2 provisions across 2 enactments
RAJIMUL HOQUE
THE STATE OF ASSAM
Michael Zothankhuma
Malasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
