Rekibuddin Ahmed @ Bhaity Ali vs The State Of Assam And Anr
2023 Latest Caselaw 445 Gua

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GAHC010003982023




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

                                 Case No. : I.A.(Crl.)/44/2023

            REKIBUDDIN AHMED @ BHAITY ALI
            S/O- LATE FAZAR ALI, R/O- MAZENGA KATAKIBARI, P.S. NAZIRA, DIST.
            SIVASAGAR, ASSAM, PIN- 785685.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:RATAN KARMAKAR
             S/O- LATE RAI MOHAN KARMAKAR
             R/O- MAZENGA KAKTAKIBARI
             P.S. NAZIRA
             DIST. SIVASAGAR
            ASSAM
             PIN- 785685

Advocate for the Petitioner   : MR J DAS

Advocate for the Respondent : PP, ASSAM




             Linked Case : CRL.A(J)/129/2022

            REKIBUDDIN AHMED @ BHAITY ALI
            S/O LATE FAZAR ALI

            R/O MAZENGA KATAKIBARI
                                                                         Page No.# 2/3

          P.S.- NAZIRA

          DIST.- SIVASAGAR
          ASSAM
          PIN- 785685.


          VERSUS

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

          2:RATAN KARMAKAR
          S/O LATE RAI MOHAN KARMAKAR

          R/O MAZENGA KAKTAKIBARI

          P.S.- NAZIRA

          DIST.- SIVASAGAR
          ASSAM
          PIN- 785685.
          ------------
          Advocate for : MR J DAS
          Advocate for : PP
          ASSAM appearing for THE STATE OF ASSAM AND ANR.



                                   BEFORE


              HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                 HON'BLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

08.02.2023 (M Zothankhuma, J)

Heard Mr. J Das, Lega Aid Counsel for the applicant, who submits that the delay

of 69 days in filing the appeal against the judgment & order of conviction and Page No.# 3/3

sentence dated 30.07.2022 passed by the Ld. Additional Sessions Judge-cum-Special

Judge (POCSO) in Case No. Special (POCSO) 76/2019, wherein the applicant has been

convicted and sentenced under Section 6 of the POCSO Act, 2012 should be allowed.

Ms. B Bhuyan, Addl. Public Prosecutor appearing for the State submits that she has

got no objection if the delay is condoned.

On considering the grounds for condoning the delay and keeping in view the

submission made by the learned Addl. Public Prosecutor, the delay of 69 days is

condoned.

I.A is accordingly allowed and disposed of.

                                      JUDGE            JUDGE


Comparing Assistant