Dilip Mandal @ Das vs The State Of Assam And Anr
2023 Latest Caselaw 2557 Gua

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GAHC010112872023




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

                                Case No. : I.A.(Crl.)/489/2023

             DILIP MANDAL @ DAS
             S/O ATUL DAS,
             VILL.- BARIPUKHURI, PART- 2, P.S.- ABHAYAPURI, DIST.- BONGAIGAON,
             ASSAM.

             VERSUS

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

             2:SUBORNO MANDAL
             W/O LATE HARI MANDAL
             VILL.- BARIPUKHURI
              PART- 2
              P.S.- ABHAYAPURI
              DIST.- BONGAIGAON
             ASSAM

Advocate for the Petitioner   : MR. B HALDAR

Advocate for the Respondent : PP, ASSAM

                                    BEFORE
                 HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
                  HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                          ORDER

Date : 16-06-2023 (Michael Zothankhuma, J)

1. Heard Mr. B. Haldar, learned counsel for the applicant who submits that there is a delay of 91 days in filing the appeal against the impugned judgment Page No.# 2/2

dated 21.12.2022 passed by the learned Special Judge (POCSO), North Salmara, Abhayapuri in Special (P) Case No. 22(A)/2021, convicting the applicant under Section 6 of the POCSO Act and sentencing him to undergo rigorous imprisonment for the remainder of his natural life and to pay a fine of Rs.50,000/-, in default to undergo rigorous imprisonment for three years.

2. Mr. D. Das, learned Additional Public Prosecutor submits that he has got no objection to the delay being condoned.

3. On considering the grounds for the delay made out in the application and keeping in view the submission made by Mr. D. Das, learned Additional Public Prosecutor, the delay of 91 days is condoned.

4. Registry is directed to register the appeal and the connected application and list the same after a week.

5. I.A. is accordingly disposed of.

                                          JUDGE                     JUDGE
Comparing Assistant