Bapmoni Deka vs The State Of Assam And Anr
2023 Latest Caselaw 4101 Gua

                                                                            Page No.# 1/2

GAHC010220612023




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

                                Case No. : I.A.(Crl.)/947/2023

            BAPMONI DEKA
            S/O LATE HARENDRA DEKA,
            VILL.- SOLMARI, P.S.- MORIGAON, DIST.- MORIGAON, ASSAM, PIN- 782126.



            VERSUS

            THE STATE OF ASSAM AND ANR.
            REP. BY THE PUBLIC PROSECUTOR.

            2:PUSPALATA BHARALI
            W/O SRI DHIRENWAR BHARALI

            VILL.- SOLMARI
            DIST.- MORIGAON
            ASSAM
            PIN- 782126

Advocate for the Petitioner   : MR D K BHATTACHARYYA

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

04.10.2023

Heard Mr. D.K. Bhattacharyya, learned counsel for the applicant and also heard Mr. Page No.# 2/2

K.K. Parasar, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

This interlocutory application under Section 5 of the Limitation Act is preferred by applicant, namely, Bapmoni Deka for condonation of delay of 87 days in preferring an appeal against the judgment and order dated 02.05.2023 passed by the learned Sessions Judge cum Special Judge(POCSO), Morigaon, in POCSO Case No.89/2021. It is to be noted here that vide impugned judgment and order dated 02.05.2023, the learned Court below has convicted the applicant under Section 451/376(3)/511 IPC read with Section 18 of the Protection of Children from Sexual Offices (POCSO) Act, 2012 and sentenced him to suffer rigorous imprisonment for 10 years and also to pay a fine of ` 10,000/- with default stipulation under Section 18 of the POCSO Act and also to undergo rigorous imprisonment of one year under Section 451 IPC and also to pay a fine of ` 2,000/- with default stipulation.

Perused the petition and the documents placed on record.

Let notice be issued, returnable in 4(four) weeks.

Steps be taken upon the respondent No.2 by registered post with A/D and also by usual process within a week from today.

No formal notice is required to be issued to respondent No.1 since Mr. K.K. Parasar, learned Additional P.P. has entered appearance and received notice. However, extra requisite copy of the petition be furnished to Mr. Parasar during the course of the day.

List the matter after 4(four) weeks

Sd/- Robin Phukan JUDGE

Comparing Assistant