Santosh Hembrom vs The State Of Assam And Anr
2023 Latest Caselaw 688 Gua

                                                                   Page No.# 1/2

GAHC010169172022




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

                                Case No. : I.A.(Crl.)/572/2022

             SANTOSH HEMBROM
             S/O HARI HEMBORM,
             RESIDENT OF GUWABARI, GODATOLA, PS SERFANGURI, DIST
             KOKRAJHAR, BTAD, ASSAM
             VERSUS
             THE STATE OF ASSAM AND ANR.
             REPRESENTED BY PP ASSAM
             2:SMTI SUNIRAM HASDA
              S/O SRI SABA HASDA
             RESIDENT OF GUWABARI
              GODATOLA
              PS SERFANGURI
              DIST KOKRAJHAR
              BTAD
             ASSA

Advocate for the Petitioner   : MS. P MAHANTA

Advocate for the Respondent : PP, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

22.02.2023 (M. Zothankhuma, J)

This is an application under Section 5 of the Limitation Act, 1963, for Page No.# 2/2

condoning the delay of 114 days in filing the jail appeal, against the judgment and order dated 29.01.2022 passed by the Special Judge (POCSO), Kokrajhar in Special Case No.01/2020, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with a fine of Rs.10,000/-, in default imprisonment for 1 (one) year. Though the appellant has also been convicted for the offence under Section 376 AB IPC and Section 6 of the POCSO Act, no separate sentence has been passed by learned Trial Court in terms of Section 376 AB IPC or Section 6 of the POCSO Act, on the ground that the appellant has already been sentenced to undergo life imprisonment under Section 302 IPC.

Ms. S. Jahan, learned Additional Public Prosecutor submits that she has got no objection to the delay being condoned.

On considering the grounds taken in the application for condoning the delay and keeping in view the submission made by the Additional Public Prosecutor, we find that sufficient cause has been shown to condone the delay. Accordingly, the delay of 114 days is condoned.

The Interlocutory Application stands disposed off.

Registry is directed to register the connected Criminal Appeal and list the same in the next week.

                          JUDGE                          JUDGE


Comparing Assistant