Sana Das @ Mitul Das vs The State Of Assam And Anr
2022 Latest Caselaw 3417 Gua

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GAHC010177972022




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

                                Case No. : I.A.(Crl.)/513/2022

            SANA DAS @ MITUL DAS
            S/O SRI LILADHAR DAS,
            RESIDENT GANAKKUCHI, PATHERHATI, JAIL ROAD, BARPETA, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY PP ASSAM

            2:SRI HITESH DAS

             S/O LATE NOLARAM DAS

            RESIDENT OF METUAKUCHI
            SANTI NAGAR
            BARPETA TOWN
            DIST BARPETA
            ASSAM 78130

Advocate for the Petitioner   : MR. U CHOUDHURY

Advocate for the Respondent : PP, ASSAM




             Linked Case :

            SANA DAS @ MITUL DAS
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           VERSUS

           THE STATE OF ASSAM AND ANR A



           ------------
           Advocate for : MR. U CHOUDHURY
           Advocate for : appearing for THE STATE OF ASSAM AND ANR A



                                BEFORE
                  HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                      ORDER

07.09.2022

Heard Mrs. P. B. Bordoloi, learned counsel for the applicant as well as Ms. S.H. Bora, learned Addl. P.P., appearing for the State/respondent No. 1.

By this application filed under Section 5 of the Limitation Act, the applicant has prayed for condonation of delay of 125 days in filing the connected Criminal Appeal under Section 374(2) Cr.P.C. challenging the legality and correctness of the Judgment and Order, dated 18.12.2020, passed by the learned Special Judge, Barpeta in Special (POCSO) Case No. 56/2019 convicting the accused/applicant u/s 8 of the POCSO Act, 2012 and sentencing him to undergo R.I. for 5 years with fine of Rs.10,000/-, in default, to undergo S.I. for another 6 months.

I have heard the learned counsel for both sides and considered the grounds cited in the application along with the documents annexed thereto.

Upon hearing the learned counsel for both sides and considering the grounds cited in the application, the delay of 125 days is condoned as prayed Page No.# 3/3

for.

Registry to register the connected Criminal Appeal and list the same.

JUDGE

Comparing Assistant