Nilkamal Rabha vs The State Of Assam And Anr
2023 Latest Caselaw 2291 Gua

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GAHC010106672023




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

                                 Case No. : I.A.(Crl.)/442/2023

            NILKAMAL RABHA
            S/O LATE MOHAN RABHA,
            VILL.- LOHARGHAT GODAIGURI,
            P.S.- PALASBARI, DIST.- KAMRUP, ASSAM.



            VERSUS

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

            2:BARUN SANGMA
             S/O BAGA RAM DAS

            VILL.- BORJURI

            P.S.- PALASBARI
             781128

Advocate for the Petitioner   : MR K K KALITA

Advocate for the Respondent : PP, ASSAM




             Linked Case : Crl.A./5034/2023

            NILKAMAL RABHA
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          VERSUS

         THE STATE OF ASSAM AND ANR. E



         ------------
         Advocate for : MR K K KALITA
         Advocate for : appearing for THE STATE OF ASSAM AND ANR. E



          Linked Case : I.A. (Crl.)/5037/2023

         NILKAMAL RABHA



          VERSUS

         THE STATE OF ASSAM AND ANR. E



         ------------
         Advocate for : MR K K KALITA
         Advocate for : appearing for THE STATE OF ASSAM AND ANR. E



                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 01.06.2023 Heard Mr. B. Prasad, learned counsel for the applicant/appellant.

This Interlocutory Application has been filed seeking condonation of delay of 1077 days that had occurred in filing the appeal against the Judgment and Order dated 19.03.2018 passed by the learned Sessions Judge, Kamrup, at Amingaon in Special Sessions (POCSO) Case No. 09/2014, whereby the Page No.# 3/3

appellant was convicted under Section 5 (g) of the POCSO Act, 2012 awarding him a sentence to undergo Rigorous imprisonment for 10 (ten) years and to pay a fine of Rs.5,000/- in default to undergo Rigorous imprisonment for 2 (two) months under Section 6 of the POCSO Act, 2012.

Let Notice be issued returnable after 2 (two) weeks. Since Mr. B.B. Gogoi, learned Additional Public Prosecutor appears for State of Assam and Mr. D. Kalita, learned counsel appears for respondent No.2, Notices waived however sufficient extra copies of the I.A. be furnished to the learned respective counsels within the course of the week.

Let the matter be listed after 2 (two) weeks enabling the respondents to obtain their instructions.

List this matter again on 22.06.2023.

JUDGE

Comparing Assistant