Sri Utpal Borah vs State Of Assam And Anr
2021 Latest Caselaw 80 Gua

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GAHC010183832019




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : I.A.(Crl.)/791/2019

            SRI UTPAL BORAH
            S/O- SRI KUNJA BORAH, R/O- KUNDAR BARI, BORA CHUBURI, P.S.
            TEZPUR, P.O. DEKAR GAON, DIST.- SONITPUR, ASSAM, PIN- 784501.



            VERSUS

            STATE OF ASSAM AND ANR
            REP. BY P.P., ASSAM.

            2:SRI JATIN SAIKIA
             S/O- LATE BIHU SAIKIA
             R/O- VILL.- MILONPUR SAIKIA CHUBURI
             P.S. TEZPUR
             P.O. DIPOTA
             DIST.- SONITPUR
             PIN- 784150

Advocate for the Petitioner   : MR J P DAS

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                             ORDER

Date : 08-01-2021

Heard Mr. PK Deka, learned counsel for the applicant/appellant and Ms. A Begum, learned Addl.Public Prosecutor for the State respondent No.1.

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None appears for the respondent No.2 despite notice being duly served. This application u/s 5 of the Limitation Act has been preferred by the applicant praying for condonation of delay of 265 days in filing the connected appeal vide Impugned Judgment and Order, dated 10.09.2018, passed by the learned Addl. Sessions Judge (FTC), Sonitpur, Tezpur in Special (POCSO) Case No.45/2017 whereby the applicant/appellant has been convicted and sentenced to undergo RI for 7 years and to pay a fine of Rs.2000/-i/d payment of fine, SI for 3 years and to pay a fine of Rs.2000/-for the offence u/s 366A of the IPC r/w Section 4 of the POCSO Act i/d of payment a fine, to undergo RI for 3 years and to pay fine of Rs.500/- for the offence u/s 342 of the IPC, i/d to undergo SI for 1 month.

Mr. PK Deka, learned counsel for the applicant/appellant submits that the applicant has been behind the bar since the date of his conviction on 10.09.2018 and as his parents are aged persons, there is no one in his family to arrange an Advocate to prefer appeal and on the other hand, as he is behind the bar since the date of conviction, the appeal could not be preferred within the prescribed period of limitation.

Upon hearing the learned counsel for both the sides and on consideration of grounds mentioned in the application and more particularly, the grounds of appeal, this court is of the considered opinion that for sufficient reasons, the accused/applicant was prevented from preferring the appeal and accordingly, the delay of 265 days in preferring the connected criminal appeal is hereby condoned.

The interlocutory application stands disposed of.

JUDGE

Comparing Assistant