Hosen Ali vs The State Of Assam And Anr
2023 Latest Caselaw 3662 Gua

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GAHC010200222023




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

                                Case No. : I.A.(Crl.)/826/2023

            HOSEN ALI
            S/O LATE ABDUL SK.,
            VILL.- SAGOLCHARA PART- III, P.O.- SAGOLCHARA, P.S.- DHUBRI, DIST.-
            DHUBRI, (ASSAM) PIN- 783324.


            VERSUS

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

            2:FARHANA BEGUM
             D/O LATE SOPIAR BEGUM

            VILL.- SAGOLCHARA PART- III
            P.O.- SAGOLCHARA
            P.S.- DHUBRI
            DIST.- DHUBRI
            (ASSAM) PIN- 783324

Advocate for the Petitioner   : MR R ISLAM

Advocate for the Respondent : PP, ASSAM

            ked Case :

            HOSEN ALI

             VERSUS

            THE STATE OF ASSAM AND ANR (B)

            ------------
             Advocate for : MR R ISLAM
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              Advocate for : appearing for THE STATE OF ASSAM AND ANR (B)


                                      BEFORE
                         HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                                  ORDER

Date : 12-09-2023

Heard Mr. R. Islam, learned counsel for the applicant and also heard Mr. K.Baishya, learned Addl.P.P. for State respondent.

This I.A is preferred by the applicant Hussain Ali for condonation of delay of 4 (four) days in filing the connected Criminal Appeal against the judgment and order dated 14.6.2023 passed by the learned Special Judge, POCSO, Dhubri in Special Case No. 01/2021. It is to be noted here vide impugned judgment and order dated 14.6.2023, learned Court below has convicted the appellant and sentenced him to suffer rigorous imprisonment for one year and also to pay a fine of Rs.1,000/-, u/s 448 IPC with defalt stipulation and also convicted him u/s 8 of the POCSO Act and sanctioned him to suffer rigorous imprisonment for 5 years and to pay fine of Rs.50,000/- with default stipulation. Mr. Islam, learned counsel for the applicant submits that except the wife of the applicant there is none in his house to obtain the certified copy of the impugned judgment and order and there was also financial constraint for which he could not approach this Court in time and that the delay is not intentional rather it is circumstantial and therefore, it is contended to condon the delay of 4 days in preferring the connected appeal.

On the other hand, Mr. K.Baishya, learned Addl. P.P. also submits that as the delay has been explained sufficiently, State has no objection in the event of condonation of 4 days delay. Having heard the learned Advocates for both side, I have carefully gone through the petition and documents placed on record. It appears that the appeal could not be filed in time because of the financial constraint of the applicant and also beause of non availability of persons in the house of the applicant to obtain certified copy of the impugned judgment and order in time. The delay of 4 days thus, having been explained sufficiently, this court is inclined to condone the same. Accordingly, delay in 4 days in preferring the connected appeal stands condoned. In terms of above, this I.A stands disposed of.

Registry to register the connected appeal and list the matter before this Court.

JUDGE

Comparing Assistant