Manjila Khatun vs The State Of Assam And Anr
2021 Latest Caselaw 753 Gua

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GAHC010253642019




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

                                Case No. : I.A.(Crl.)/969/2019

            MANJILA KHATUN
            D/O- SARBESH ALI, R/O- VILL.- NAYER ALGA PART-III (BAGMARA), P.O.
            NAYER ALGA, P.S. BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783348.



            VERSUS

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

            2:ROFIQUL ISLAM
             S/O- HASHMOT ALI
             R/O- VILL.- NAYER ALGA PART-III (BAGMARA)
             P.O. NAYER ALGA
             P.S. BILASIPARA
             DIST.- DHUBRI
            ASSAM
             PIN- 783348

Advocate for the Petitioner   : MR. M A SHEIKH

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            MANJILA KHATUN
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             VERSUS

             THE STATE OF ASSAM AND ANR. (A)



             ------------
             Advocate for :
             Advocate for : appearing for THE STATE OF ASSAM AND ANR. (A)



                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                            ORDER

02.03.2021

Heard Mr. N.M. Sarkar, learned counsel for the applicant and Mr. B.B. Gogoi, learned Addl. PP for the State/respondent No. 1.

None represented the respondent No. 2.

By this application under Section 5 of the Limitation Act, the applicant/appellant has prayed for condonation of delay of 6 days in preferring the connected Crl. Appeal against the Judgment and Order, dated 05.07.2019, passed by the learned Addl. Sessions Judge, Bilasipara in Special Case No. 11/2018 convicting the respondent No. 1 has been acquitted of the charges under Section 6 of the POCSO Act read with Section 376 of the IPC.

Having heard the learned counsel of both sides and consideration of the averments made in the application, it appears that for sufficient cause the applicant was prevented from not preferring the connected appeal within the stipulated time of Limitation.

Therefore, the delay of 6 days in preferring the connected appeal is condoned. Registry to register the connect Crl. Appeal and list accordingly.

Accordingly, the I.A. stands disposed off.

JUDGE Page No.# 3/3

Comparing Assistant