Bitu Baruah @ Tanti vs The State Of Assam And Anr
2023 Latest Caselaw 2296 Gua

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GAHC010116132023




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

                                Case No. : I.A.(Crl.)/444/2023

            BITU BARUAH @ TANTI
            S/O SASHI BARUAH,
            R/O DHEKIAJURI,
            P.S.- GELEKY, DIST.- SIVASAGAR, ASSAM.


            VERSUS

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

            2:PRADIP KARMAKAR
             S/O LATE AJIT KARMAKAR
            R/O DHEKIAJURI
            P.S.- GELEKY
             DIST.- SIVASAGAR
            ASSAM

Advocate for the Petitioner   : MR. R PHUKAN

Advocate for the Respondent : PP, ASSAM


                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                          ORDER

Date : 01-06-2023

Heard Mr. R Phukan, learned counsel for the applicant. Also heard Mr. P Borthakur, learned Additional Public Prosecutor appearing for the respondent No. 1.

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This is an application filed under Section 5 of the Limitation Act, 1963 praying for condonation of delay of 152 days in filing the connected criminal appeal.

By the judgment and order dated 22.07.2022, passed by the learned Special Judge (POCSO), Sivasagar in Special (POCSO) Case No. 03/2021 convicting the accused appellant under Section 6 of the POCSO Act and sentencing him to suffer imprisonment for 20 (twenty) years and also to pay a fine of Rs. 10,000/- and in default of fine to suffer rigorous imprisonment for six months.

It is stated by the learned counsel for the applicant that due to financial crises, the applicant was not in a position to file the criminal appeal in time. As such, there was a delay of 152 days.

Learned Additional Public Prosecutor submits that he has got no objection if the delay is condoned.

Therefore, in view of the facts and circumstances of the case, the delay of 152 days in preferring the criminal appeal is condoned.

Interlocutory application stands disposed of.

Registry is directed to register the connected criminal appeal and list the matter for admission in due course.

JUDGE

Comparing Assistant