Narayan Dey vs The State Of Assam And Anr
2023 Latest Caselaw 4587 Gua

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GAHC010244432023




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

                                Case No. : I.A.(Crl.)/1075/2023

            NARAYAN DEY
            FATHERS NAME- DULAL DEY,
            VILL.- DAMRAPARA,
            P.S.- GOSSAIGAON, DIST.- KOKRAJHAR, ASSAM, PIN- 783361.



            VERSUS

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

            2:EFRAIL MURMU
             S/O SRI KALU MURMU

            VILL.- DAMRAPARA

            P.O.- SRIRAMPUR

            P.S.- GOSSAIGAON
             DIST.- KOKRAJHAR
            ASSAM

Advocate for the Petitioner   : MRS. S KHATANIAR (LEGAL AID COUNSEL)

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM
                    HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

                                           ORDER

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Date : 10-11-2023 Suman Shyam, J

Heard Ms. S. Khataniar, learned legal aid counsel for the applicant. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State.

This I.A. has been filed with a prayer to condone the delay of 09 days in preferring the connected appeal. It appears that the applicant as appellant has preferred the connected appeal against the judgment and order dated 09-08-2023 passed in connection with Special Case No. 31/2019, whereby he was convicted under Section 6 of the POCSO Act, 2012 and sentenced to undergo rigorous imprisonment for 25 years and also to pay fine.

We have perused the explanation furnished by the applicant.

Ms. S. Jahan, learned Addl. P.P. Assam submits that she does not have any instruction to file objection opposing the prayer made in the I.A.

In view of the above and considering the fact that the applicant has preferred a statutory appeal which deserves to be considered on merit, we are inclined to condone the delay of 09 days in preferring the connected appeal.

The delay of 09 days is accordingly condoned.

Office to register the appeal and list for admission in the next week.

I.A. stands disposed of.

                            JUDGE                       JUDGE
GS




Comparing Assistant